Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor

 

Summary

The Claimant claimed he had suffered a substantial loss due to the destruction of two consignments of poppy heads by the Defendants. The parties were given permission to rely on the written evidence of expert accountants. The Claimant made an application to the Court for the accountancy expert witnesses to give oral evidence at the trial and an application to adduce evidence prepared by his son.

Learning points

Learning points for instructing parties (especially litigants in person)

• When seeking permission to rely on expert evidence, make sure you consider (and explain to the Court) why the evidence you are seeking to adduce is reasonably required to resolve the proceedings.

• Make sure you comply with all Court orders and make any applications well before the trial date.

• Do not seek to adduce opinion evidence from a person who is not an expert witness.

• Do not seek to adduce opinion evidence that does not comply with the relevant procedural rules, practice directions and guidance.

Learning points for barristers

• When acting as a direct access instructed barrister, you may need to provide greater support and guidance to your client, than you would to a represented client, as they may not be familiar with the relevant rules and regulations for the provision of expert evidence.

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