by Mark Tottenham BL | May 4, 2021 | Admissibility of expert evidence
The European Court of Human Rights has recently addressed the issue of expert evidence in the case of Yevstratyev v. Russia – 11620/17 (Judgment : Right to a fair trial : Third Section Committee) [2020] ECHR 906 (15 December 2020). The applicant had been charged...
by Mark Tottenham BL | Feb 12, 2021 | Admissibility of expert evidence
In a New South Wales corporate insolvency action, an expert report by a consultant of one of the plaintiff firms was admitted into evidence by the court. The report was by Martin Madden, a senior consultant in KordaMentha, one of the plaintiff firms in the insolvency...
by Mark Tottenham BL | Nov 6, 2020 | Admissibility of expert evidence, Expert determination of disputes, Role of decision maker
The High Court of England and Wales has considered the question of whether a trial court is entitled to reject a plaintiff’s expert evidence, where no expert evidence has been preferred by the defendant. The claimant had suffered food poisoning while visiting...
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 | Mar 24, 2020 | Admissibility of expert evidence
In the December 2019 issue of the Bar Review, Orla Kelly of Cantillons Solicitors questions two recent dicta of the Irish High Court, in an article entitled ‘To refer or not to refer: Are solicitor referrals to a medical consultant a step too far for prudent...
by Mark Tottenham BL | Mar 3, 2020 | Admissibility of expert evidence
“The court agreed with the defendant’s argument to exclude the expert’s testimony on the breach of the standard of care because these were legal conclusions. The court further noted that the expert was not qualified to testify because there was no evidence of...
