Selecting an expert witness in a custody case

From the New York Law Journal (Law.com): “The three critical issues to think about at the outset are: (1) What expertise should the expert have? (2) Should the expert be a person already known to the court before your selection? (3) Is it a good idea to use an expert you personally have previously worked […]

Naming of expert witnesses found guilty of misconduct

A curious issue has arisen in Australia concerning a clinical psychologist found guilty of professional misconduct. This blog recently included a post on the primary issue. The psychologist had concluded that a father showed traits of psychopathy such that it might be dangerous to leave his child alone with him. It was found that there […]

Use of slides by expert witnesses in jury trials

The courts of Ontario have given guidance to expert witnesses who wish to use PowerPoint-type slides in their presentations in jury trials. The key points are as follows: “As a result of the foregoing I gave parties the following guidelines for use of PowerPoint slides at trial: (a)               The PowerPoints must be […]

New UK guidance for surgeons acting as expert witnesses

A new guide has been published by the UK’s Royal College of Surgeons entitled The Surgeon as an Expert Witness. Among other things it recommends that surgeons receive some legal training prior to agreeing to act as an expert witness. The guide can be downloaded here: https://www.rcseng.ac.uk/standards-and-research/standards-and-guidance/good-practice-guides/expert-witness/

Expert evidence in music copyright cases

The US Federal courts are coming under criticism for allowing music copyright cases to proceed. In a case against Pharrell Williams by the estate of Marvin Gaye, it is alleged that a questionable expert opinion was admitted into evidence: “Just last year, the Ninth Circuit upheld a jury verdict holding that a Marvin Gaye song […]

Echoes of the Ikarian Reefer – fake piracy

In the High Court of England and Wales, it has been determined that a pirate attack and destruction of a ship named the Brillante Virtuoso were faked. Following extensive expert evidence, it was determined that the ‘pirates’ were allowed on board by the crew, and that the destruction of the vessel by fire was by […]

Expert evidence in licensing cases

This blog post by barrister Charles Holland discusses the use of expert witnesses in licensing cases in England and Wales. It discusses the general duties of expert witnesses, and the particular application in such cases: https://www.cholland.com/single-post/2019/10/27/The-use-and-abuse-of-expert-witness-evidence-in-licensing

Limit on expert witnesses declared unconstitutional by Canadian court

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 of damages. In the case of Crowder v. British Columbia (Attorney General), 2019 BCSC 1824, this rule was declared unconstitutional. For more information, see: https://www.cwilson.com/case-study-gregory-crowder-and-trial-lawyers-association-of-british-columbia-v-attorney-general-of-british-columbia-2019-bcsc-1824/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

Opinion of document examiner rejected by court in face of other evidence

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 was accepted by the court. “Ms. Lewis was never provided with nor did she ever see the original of either document.  Her opinion is based […]