by Mark Tottenham BL | Oct 21, 2020 | Engaging experts, Privilege over communications with experts
In the 2016 English case of Coyne v Morgan & Anor (t/a Hillfield Home Improvement) [2016] EWHC B10 (24 May 2016), the defendant sought to adduce evidence from an expert witness, having previously retained a different expert. The original expert had met the...
by Mark Tottenham BL | Sep 8, 2020 | Single experts / assessors
In a recent decision, the High Court of Ireland considered whether a ‘single joint expert’ in family law proceedings could have an ongoing therapeutic role in the case. A father brought a motion in such proceedings, seeking to dispense with the consent of...
by Mark Tottenham BL | Apr 21, 2020 | Arbitration, mediation and conciliation, Duties of expert witnesses
In a recent decision by the High Court of England and Wales, it was concluded that an expert witness had a fiduciary duty to the client, independent of the duty to the court. In A v B [2020] EWHC 809 (TCC) (03 April 2020), the expert had agreed to provide a report and...
by Mark Tottenham BL | Apr 15, 2020 | Admissibility of expert evidence, Case management
In this Hong Kong decision from 2017, the liquidator in winding up proceedings was given leave to seek expert determination. A list of questions provided was deemed too vague, and the court suggested that the liquidator was using the exercise as an attempt to fish for...
by Mark Tottenham BL | Apr 14, 2020 | Examples of expert evidence
I have written an article in the current issue of Architecture Ireland (No 310, March / April 2020) entitled ‘The Architect as Expert Witness’. It can be read here. https://online.flowpaper.com/77e4072d/AI310/