Expert witness excluded after kissing prosecution witness
In a UK trial for foxhunting, a prosecution expert who was a longstanding opponent of hunting was seen kissing a prosecution witness. The defence applied to exclude his evidence. “Professor Harris argued that he was kissed before he could stop the kisser. But Wills’ defense counsel, Stephen Welford, argued that the kissee could no longer […]
Evidence by theologian of ‘Christian doctrine in relation to homosexuality’ not admissible in employment case
An actor who was dropped from a play, for posting allegedly homophobic comments online, has brought a case alleging discrimination on the grounds of religion. In a preliminary ruling, the trial judge has determined that evidence by a theologian of ‘Christian doctrine in relation to homosexuality’ would not be of assistance in determining the case. […]
Can a court reject an uncontroverted expert report?
The High Court of England and Wales has considered the question of whether a trial court is entitled to reject a plaintiff’s expert evidence, where no expert evidence has been preferred by the defendant. The claimant had suffered food poisoning while visiting Turkey, and brought an action against the travel company. He relied on the […]
Expert shopping
In the 2016 English case of Coyne v Morgan & Anor (t/a Hillfield Home Improvement) [2016] EWHC B10 (24 May 2016), the defendant sought to adduce evidence from an expert witness, having previously retained a different expert. The original expert had met the plaintiff’s expert witness. The plaintiff sought disclosure of the original expert’s report, […]
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 […]
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, […]
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/
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
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 […]