by Mark Tottenham BL | Oct 23, 2019 | Misconduct by experts
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 father of a child without sufficient sufficient data or clinical evidence, and...
by Mark Tottenham BL | Oct 23, 2019 | Uncategorized
Obiter Dicta is a new podcast from Bloomsbury Professional. In the first episode, I am interviewed about A Guide to Expert Witness Evidence, published in September of this year. To listen to the podcast, visit:...
by Mark Tottenham BL | Oct 18, 2019 | Foreign laws
The Court of Appeal allowed an appeal from the High Court, and determined that the English courts did have jurisdiction to hear a claim for over US$2 billion. The court considered the jurisdiction of the Ukrainian courts in determining the appeal, and received...
by Mark Tottenham BL | Oct 16, 2019 | Single experts / assessors
Forsburg v. Stubbs [2019] FCCA 1884 (Federal Circuit Court of Australia, Judge Betts, 12 June 2019) – link In family law proceedings, following a report of a single agreed expert on valuation, the wife sought to adduce evidence of another expert in an...
by Mark Tottenham BL | Oct 9, 2019 | Admissibility of expert evidence, Case management
In the US, it has become common to assess expert evidence at “certification” stage in class actions. A question has been raised as to whether this applies both to the ‘rigoressness’ and the admissibility of such evidence. The phrase “we...
by Mark Tottenham BL | Oct 7, 2019 | Uncategorized
The Irish Small and Medium Enterprises Association (ISME) has issued a press release following the finding that a number of expert reports had been relied upon in a fraudulent claim. This includes the following statement: “The Twomey judgment explicitly shows...
by Mark Tottenham BL | Oct 7, 2019 | Education of decision makers
https://www.lawgazette.co.uk/news/neuberger-expert-witness-primers-will-cut-costs-/5101585.article “Speaking at the Expert Witness Institute’s annual conference yesterday, the Rt. Hon. Lord Neuberger said the judiciary was working with the royal societies of...
by Mark Tottenham BL | Oct 7, 2019 | Case management
Mayr & Ors v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) (High Court, Males J, 14 December 2018) The High Court, in a pre-trial review hearing, determined that the claimant could not adduce expert evidence, where the expert was not expected to...
by Mark Tottenham BL | Oct 7, 2019 | Misconduct by experts
Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392 (Court of Appeal, Sir Terence Etherton (presiding), 19 March 2019) In this case, the Court of Appeal held that the sentence of six months, suspended, was unduly lenient for an expert witness...
by Mark Tottenham BL | Oct 7, 2019 | Duties of expert witnesses
https://www.linkedin.com/pulse/expert-witness-duties-court-instructing-clients-sean-gibbs/
