Mark Tottenham’s Expert Evidence Updates

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“Excellent and thorough resource for expert witness work. Insightful and cleverly written by Mark Tottenham. Highly recommend.” – Justin Masterson, Civil engineer and arbitrator, with international project management experience, on large-scale infrastructure projects, April 2023 – link “This book is a must read.” – Christophe Champod PhD, Professor of Forensic Science,...

In 2019, the courts of British Columbia introduced an amendment to their rules, which provided that parties in road traffic cases were limited to three expert reports on the issue...

The evidence of a forensic document examiner was rejected by a Canadian court in a case concerning the validity of a will. The evidence as to execution by the 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...

Following an initial finding that Galway County Council acted ultra vires in destroying a horse owned by Mr. McDonagh in April 2018, the High Court considered whether damages were recoverable...

The Global Arbitration Review has published an extensive discussion of the cross examination of experts by David Roney of Sidley Austin LLP. An excerpt: “Ask only one fact per question....

“Justice Riordan of the Supreme Court [of Victoria] in his recent Expert Evidence Ruling confirmed that communications between lawyers and experts are permissible and will not impede the expert’s impartiality...

High Court: (a) refuses to declare that a defendant lacked capacity where the only clinical evidence was that of a treating psychiatrist based on a short discussion with his patient,...

High Court: (a) dismisses appeal from decision of Fitness to Practice Committee of the General Medical Council that actions of a psychiatrist amounted to misconduct in that he accepted instructions...

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...

Rule 11-8 Supreme Court Civil Rules was enacted on 11 February 2019 by a decision of government, without seeking approval from the Rules Revision Committee. Rule 11-8 limited parties to...

In a Tennessee case concerning nursing care, the plaintiff relied on expert testimony from a neurosurgeon. The court dismissed the case, and the decision was upheld on appeal. See: https://www.nurse.com/blog/2019/10/23/wrong-expert-testifies-professional-negligence-case/...

An Australian psychologist has been banned from acting as an expert witness and fined AUS$20,000 because of conduct in a family law case. He attributed traits of psychopathy to the...