by Mark Tottenham BL | Jan 8, 2020 | Admissibility of expert evidence
This article highlights the difficulties involved where one party seeks to exclude expert evidence. The suggestion is that, where a judge acts as ‘gatekeeper’, there may be an imbalance arising from the judge’s lack of technical understanding. In...
by Mark Tottenham BL | Dec 31, 2019 | Admissibility of expert evidence, Qualifications of expert witnesses
In a recent decision of the High Court of Ireland, the court refused to admit a report by a purported expert, where there was insufficient evidence of his qualifications. “In that report, there is no indication whatsoever that Mr.Fitzpatrick holds any...
by Mark Tottenham BL | Nov 18, 2019 | Admissibility of expert evidence, Education of decision makers
The courts of Ontario have given guidance to expert witnesses who wish to use PowerPoint-type slides in their presentations in jury trials. The key points are as follows: “As a result of the foregoing I gave parties the following guidelines for use of PowerPoint...
by Mark Tottenham BL | Nov 11, 2019 | Admissibility of expert evidence
In 2019, the courts of British Columbia introduced an amendment to their rules, which provided that parties in road traffic cases were limited to three expert reports on the issue of damages. In the case of Crowder v. British Columbia (Attorney General), 2019 BCSC...
by Mark Tottenham BL | Oct 30, 2019 | Admissibility of expert evidence, Misconduct by experts
High Court: (a) dismisses appeal from decision of Fitness to Practice Committee of the General Medical Council that actions of a psychiatrist amounted to misconduct in that he accepted instructions in an FTP hearing concerning a paramedic when he was not an...
by Emma Jane Prendergast BL | Oct 29, 2019 | Admissibility of expert evidence
Rule 11-8 Supreme Court Civil Rules was enacted on 11 February 2019 by a decision of government, without seeking approval from the Rules Revision Committee. Rule 11-8 limited parties to three experts in motor vehicle claims, but was intended to apply to all injury...
