by Mark Tottenham BL | May 11, 2021 | Arbitration, mediation and conciliation, Duties of expert witnesses
A useful article on the Kluwer Arbitration Blog about the use of expert witnesses in arbitration. A question arises as to whether part-appointed expert’s duty to the arbitration is the same as it would be in court, where it is understood that the primary duty is...
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 18, 2020 | Examples of expert evidence
In today’s Irish Times (18 February 2020), there is a letter by Michael Lillis about Robert Daly, a psychiatrist who died recently. Daly had given evidence before the European Court of Human Rights in the ‘hooded men’ case – the claim by a...
by Mark Tottenham BL | Nov 25, 2019 | Arbitration, mediation and conciliation, Education of decision makers, Examination of experts
A very useful discussion. See this excerpt: “As a firsthand example, the use of visual aids and hearing room technology recently proved valuable during a witness conferencing session (colloquially known as “hot-tubbing,” an approach increasingly common in...
by Emma Jane Prendergast BL | Oct 29, 2019 | Examples of expert evidence
In a decision issued on 4 October 2019, the Badminton World Federation accepted expert scientific evidence that the presence of banned substance clenbuterol (of concentration 0.04ng/mL) in a urine sample provided by a Thai athlete was due to inadvertent consumption of...
