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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...

Difficulties getting practising medical experts to court

by Emma Jane Prendergast BL | Nov 28, 2019 | Case management, Engaging experts, Qualifications of expert witnesses

This week, the annual conference of The Bar of England and Wales heard of the difficulties faced by legal practitioners when tasked with engaging medical experts who are both currently practising and willing to come to court. An account of the discussion can be found...

Expert witness expenses relevant in applications seeking security for costs

by Emma Jane Prendergast BL | Nov 5, 2019 | Case management, Duties of expert witnesses

The High Court recently acceded to an application seeking security for costs in 3V Benelux BV v Safecharge Card Services Limited [2019] IEHC 675. Both parties had engaged legal cost accountants to estimate the costs of the proceedings, which concerned breach of...

Assessment of expert evidence as preliminary issue

by Mark Tottenham BL | Oct 9, 2019 | Admissibility of expert evidence, Case management

In the US, it has become common to assess expert evidence at “certification” stage in class actions. A question has been raised as to whether this applies both to the ‘rigoressness’ and the admissibility of such evidence. The phrase “we...

Expert evidence not to be adduced unless expert witness complied with requirement to produce report in prescribed time

by Mark Tottenham BL | Oct 7, 2019 | Case management

Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) (High Court, Males J, 14 December 2018) The High Court, in a pre-trial review hearing, determined that the claimant could not adduce expert evidence, where the expert was not expected to...

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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
  • Uncategorized

Jurisdictions

  • Australia
  • Canada
  • Civil law jurisdictions
  • Hong Kong
  • India
  • Ireland
  • Supranational tribunals
  • United Kingdom
  • United States of America

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