Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived

In a fatal accident and personal injury damages claim the claimant made a number of criticisms of the Defendant’s expert’s report and applied to exclude it on several grounds:
 

• lack of expertise
• expressing opinions outside areas of expertise
• failure to maintain impartiality

 

Mr Dexter Dias KC (sitting as a Deputy Judge of the High Court) found the application to be fundamentally misconceived and dismissed it.

 

He gave each ground in-depth consideration and found that it was a matter for the trial judge to determine – not at pre-trial.

 

The judgement (link below) is worth reading. For example, regarding the allegation of ‘expressing opinions outside their expertise’, the judge states:

 

“I find that this particular objection is classically a matter for the trial judge's judgment and discretion. I conclude, first, that it is not a basis for the exclusion of Mr X's evidence; second, it is not appropriate at this point, as Mr Y submits as his subsidiary position, to excise or to remove a particular passage or passages. That is a matter for the trial judge to assess once the evidence is before her or him.”