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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...

Writer of report in family law proceedings should not have an ongoing therapeutic role

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...

Expert witness had fiduciary duty to client

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...

Questions for expert witnesses should be confined to live issues

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...

The Architect as Expert Witness

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/
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Categories

  • Admissibility of expert evidence
  • Arbitration, mediation and conciliation
  • Case management
  • Concurrent evidence ('hot tubbing')
  • Duties of expert witnesses
  • Education of decision makers
  • Engaging experts
  • Examination of experts
  • Examples of expert evidence
  • Expert determination of disputes
  • Foreign laws
  • Misconduct by experts
  • Privilege over communications with experts
  • Qualifications of expert witnesses
  • Role of decision maker
  • Single experts / assessors
  • Tribunals, inquiries and parliamentary hearings
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  • Australia
  • Canada
  • Civil law jurisdictions
  • Hong Kong
  • India
  • Ireland
  • Supranational tribunals
  • United Kingdom
  • United States of America

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