Bad expert co-operation, good expert co-operation
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 2011), Mr Justice Coulson, as he then was, […]
Expert witness excluded after kissing prosecution witness
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 Wills’ defense counsel, Stephen Welford, argued that the kissee could no longer […]
Evidence by theologian of ‘Christian doctrine in relation to homosexuality’ not admissible in employment case
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 in relation to homosexuality’ would not be of assistance in determining the case. […]
Allez, punk
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 about the attack. The report goes on to say: “Dozens […]
Can a court reject an uncontroverted expert report?
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 Turkey, and brought an action against the travel company. He relied on the […]
Expert shopping
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 plaintiff’s expert witness. The plaintiff sought disclosure of the original expert’s report, […]
Writer of report in family law proceedings should not have an ongoing therapeutic role
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 the mother for the children to continue attending a professional for ongoing […]
Expert witness had fiduciary duty to client
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 advice to […]
Questions for expert witnesses should be confined to live issues
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 evidence. “The Court considered the proposed list of expert […]
The Architect as Expert Witness
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.