Duty on expert witness to disclose relevant material
A new judgment by the High Court of England and Wales emphasises the duties of experts to co-operate with each other in the sharing of relevant information. The case, Dana UK AXLE Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC) (26 May 2021), concerned the failure of pinion seals fitted to rear axles of […]
Roles of expert, judge and lawyer concerning expert evidence
“The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. Judges must exercise their gatekeeping role throughout the testimony of expert witnesses; 2. Experts must stick to the area of his or her expertise and […]
Expert evidence in immigration cases
A new decision of the Upper Tribunal (Immigration and Asylum Chamber) has considered the expert evidence that can be adduced in such hearings. The issue concerned allegations of torture in Sri Lanka of members of Tamil political groups. “The duties of experts when providing evidence to courts and tribunals have been the subject of numerous […]
The competence of an arbitrator in enforcing the duties of expert witnesses
A useful article on the Kluwer Arbitration Blog about the use of expert witnesses in arbitration. A question arises as to whether part-appointed expert’s duty to the arbitration is the same as it would be in court, where it is understood that the primary duty is to the court itself. The article also addresses the […]
Expert witness produced reports on ‘an industrial scale’ for wife’s law firm
In Bux v The General Medical Council [2021] EWHC 762 (Admin) (31 March 2021), the High Court of England and Wales approved the decision of the Medical Practitioners Tribunal to erase the applicant’s name from the medical register. The applicant was a doctor who provided nearly 700 reports in claims of food poisoning against travel […]
Expert witness firm did not owe a fiduciary duty to clients
In Secretariat Consulting PTE Ltd & Ors v A Company [2021] EWCA Civ 6 (11 January 2021), a firm of expert witnesses appealed a ruling by Ms Justice O’Farrell that they could not act for two different clients in related arbitration. The Court of Appeal affirmed the decision, but held that the duty was contractual […]
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 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 […]
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
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 […]