by Mark Tottenham BL | Dec 3, 2020 | Examples of expert evidence
In a UK trial for foxhunting, a prosecution expert who was a longstanding opponent of hunting was seen kissing a prosecution witness. The defence applied to exclude his evidence. “Professor Harris argued that he was kissed before he could stop the kisser. But...
by Mark Tottenham BL | Nov 26, 2020 | Examples of expert evidence
An actor who was dropped from a play, for posting allegedly homophobic comments online, has brought a case alleging discrimination on the grounds of religion. In a preliminary ruling, the trial judge has determined that evidence by a theologian of ‘Christian doctrine...
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 | Oct 21, 2020 | Engaging experts, Privilege over communications with experts
In the 2016 English case of Coyne v Morgan & Anor (t/a Hillfield Home Improvement) [2016] EWHC B10 (24 May 2016), the defendant sought to adduce evidence from an expert witness, having previously retained a different expert. The original expert had met the...
by Mark Tottenham BL | Apr 21, 2020 | Arbitration, mediation and conciliation, Duties of expert witnesses
In a recent decision by the High Court of England and Wales, it was concluded that an expert witness had a fiduciary duty to the client, independent of the duty to the court. In A v B [2020] EWHC 809 (TCC) (03 April 2020), the expert had agreed to provide a report and...
