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.
‘Starkly conclusive’ expert evidence
In today’s Irish Times (18 February 2020), there is a letter by Michael Lillis about Robert Daly, a psychiatrist who died recently. Daly had given evidence before the European Court of Human Rights in the ‘hooded men’ case – the claim by a number of suspected members of paramilitary organisations that they had been tortured. […]
Which was bona fide – the chicken or the expert?
Subway’s case against the Canadian Broadcasting Corporation (CBC) has been dismissed, based on expert testimony. CBC had accused Subway of selling ‘chicken’ that was 50% soy. “There is considerable divergence between Subway’s evidence and that of CBC regarding the diligence of CBC’s efforts to be accurate. CBC says that it chose Trent, a reputable university […]
Never mind the obscenity: here’s the expert witness
When Virgin Records released the album Never Mind the Bollocks: Here’s the Sex Pistols, the owner of a record shop in Nottingham was prosecuted for obscenity after displaying a poster, despite warnings to take it down. His defence was conducted by John Mortimer BL and Geoffrey Roberston QC. They called James Kinsley, professor of linguistics, […]
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 […]
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
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 […]