by Mark Tottenham BL | Jun 22, 2021 | Examples of expert evidence
In this 1998 case -R. v. Patrick Nicholls [1998] EWCA Crim 1918 – a man was convicted of murder and robbery, and served 23 years in prison before having his conviction overturned. A pathologist suggested that the deceased had been suffocated and suffered heart...
by Mark Tottenham BL | May 31, 2021 | Duties of expert witnesses, Role of decision maker
“The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. Judges must exercise their gatekeeping role throughout the testimony of...
by Mark Tottenham BL | May 31, 2021 | Duties of expert witnesses
A new decision of the Upper Tribunal (Immigration and Asylum Chamber) has considered the expert evidence that can be adduced in such hearings. The issue concerned allegations of torture in Sri Lanka of members of Tamil political groups. “The duties of experts...
by Mark Tottenham BL | May 11, 2021 | Arbitration, mediation and conciliation, Duties of expert witnesses
A useful article on the Kluwer Arbitration Blog about the use of expert witnesses in arbitration. A question arises as to whether part-appointed expert’s duty to the arbitration is the same as it would be in court, where it is understood that the primary duty is...
by Mark Tottenham BL | May 6, 2021 | Examples of expert evidence
In a recent case, the Ontario Court of Appeal allowed an appeal from the conviction of a man for firebombing his ex-wife’s house. Messages sent on various apps had not been subjected to examination to see whether they could have been sent to ‘frame’...
