by Mark Tottenham BL | Dec 18, 2020 | Duties of expert witnesses
Recently, I came across two cases that show, by contrast, how experts should and should not deal with each other when retained to assist in litigation. In the first, Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2011] EWHC 1936 (TCC) (22 July...
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 16, 2020 | Examples of expert evidence
Clint Eastwood, 90, is due to appear as an ‘expert witness’ in a French trial, according to the BBC. The trial arises from a plot to attack Americans on a high-speed train in France. A thriller, ‘The 15:17 to Paris’, was made by Clint Eastwood...
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 | Sep 8, 2020 | Single experts / assessors
In a recent decision, the High Court of Ireland considered whether a ‘single joint expert’ in family law proceedings could have an ongoing therapeutic role in the case. A father brought a motion in such proceedings, seeking to dispense with the consent of...
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...
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...
by Mark Tottenham BL | Apr 14, 2020 | Examples of expert evidence
I have written an article in the current issue of Architecture Ireland (No 310, March / April 2020) entitled ‘The Architect as Expert Witness’. It can be read here. https://online.flowpaper.com/77e4072d/AI310/
