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 […]
Difficulties getting practising medical experts to court
This week, the annual conference of The Bar of England and Wales heard of the difficulties faced by legal practitioners when tasked with engaging medical experts who are both currently practising and willing to come to court. An account of the discussion can be found at: https://www.thetimes.co.uk/article/medical-experts-too-busy-with-day-job-to-come-to-court-warns-qc-8x22f7w5m
Expert witness expenses relevant in applications seeking security for costs
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 accountants to estimate the costs of the proceedings, which concerned breach of contract and modification of products to comply with anti-money laundering legislation. Once the […]
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 […]
Expert evidence not to be adduced unless expert witness complied with requirement to produce report in prescribed time
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 provide the report by the required deadline and the hearing […]