by Mark Tottenham BL | Jul 1, 2021 | Examples of expert evidence
In the recent case of Hughes v Pritchard [2021] EWHC 1580, the judge found that a testator had lacked testamentary capacity notwithstanding expert evidence to the contrary. The testator had a history consistent with dementia, including lapses of memory and behavioural...
by Mark Tottenham BL | Jul 1, 2021 | Duties of expert witnesses, Misconduct by experts
A new judgment by the High Court of England and Wales emphasises the duties of experts to co-operate with each other in the sharing of relevant information. The case, Dana UK AXLE Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC) (26 May 2021), concerned the failure...
by Mark Tottenham BL | Jun 22, 2021 | Examples of expert evidence
In this 1998 case -R. v. Patrick Nicholls [1998] EWCA Crim 1918 – a man was convicted of murder and robbery, and served 23 years in prison before having his conviction overturned. A pathologist suggested that the deceased had been suffocated and suffered heart...
by Mark Tottenham BL | May 31, 2021 | Duties of expert witnesses
A new decision of the Upper Tribunal (Immigration and Asylum Chamber) has considered the expert evidence that can be adduced in such hearings. The issue concerned allegations of torture in Sri Lanka of members of Tamil political groups. “The duties of experts...
by Mark Tottenham BL | May 5, 2021 | Duties of expert witnesses, Misconduct by experts
In Bux v The General Medical Council [2021] EWHC 762 (Admin) (31 March 2021), the High Court of England and Wales approved the decision of the Medical Practitioners Tribunal to erase the applicant’s name from the medical register. The applicant was a doctor who...
