Cross examination of experts
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. Keep each question short and use simple words. Ideally, use the expert’s own words to make your point, rather than characterising or paraphrasing. Avoid all […]
Privilege upheld by Australian court in communication between lawyers and experts
“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 as long as there is no attempt to influence the expert’s opinion. He confirmed that there is nothing unusual or wrong with the lawyers briefing […]
Insufficient psychiatric evidence to declare that a party to litigation lacked capacity
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, and where no independent expert evidence had been adduced; but (b) sets aside judgment obtained in default, in order to allow the defendant to file […]
Psychiatrist was not an appropriate expert to act in a fitness to practice hearing concerning a paramedic
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 an FTP hearing concerning a paramedic when he was not an appropriate expert in the area and that he had made findings that the […]
Wrong expert testifies in a professional negligence case
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/ The judgment may be found here: http://www.tncourts.gov/sites/default/files/estate_of_herbert_ross_shelton_e2018-00862.pdf
Psychologist banned by professional body from acting as expert witness
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 suggested that the child needed protection from the father. It was found that […]
Podcast on expert evidence
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: https://obiterdicta.podbean.com/e/interview-mark-tottenham-and-the-role-of-expert-witness/ You can also subscribe to Obiter Dicta on iTunes, Pocketcast or other podcatcher apps.
Conflicting expert evidence on Ukrainian law adduced in English commercial appeal
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 conflicting expert evidence on Ukrainian law. The judgment may be read here: […]
Questions should have been put to single agreed expert prior to treating his report in adversarial manner
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 adversarial manner. The court refused the application, on the grounds that questions […]
Assessment of expert evidence as preliminary issue
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 doubt that this is so” by the US Supreme Court has become the focus of […]