Cases

These are not meant to be a comprehensive list of cases but are a selection of those which are of particular interest.

Click on the case name for further information about each case.

Case

Expert Edition

Stay of Arbitration proceedings

Is the decision of a Joint Expert final?

Accident Reconstruction Evidence

Expert Determination (Ireland)

Is the Conduct of an Expert relevant to costs?

When is an expert not an expert?

Written Expert Evidence and its evidential weight

Expert evidence - Judge preferring the evidence of one Expert to that of another

The burden of proof and the remit of the Expert

Expert Determination - the dangers of (inadequate) reasons

Expert’s Report once disclosed can be used by others

Expert should only see documentation relevant to issues

Expert Determiners need to know what they are doing

Disclosure, Without Prejudice, Confidentiality and Litigation

SJE - tests for allowing additional Experts

Experts need knowledge Lawyers do not have

Lay Witness with expert knowledge

Interpretation of documents is the judge’s job.

Relevance of Expert Evidence to Limitation

The confused case of the meeting of experts and mediation

Potential Conflicts of Interest

Expert adviser investigation

Another case of misuse of statistics by an Expert

Guidance for Experts in Family (and possibly other) Matters

The Employed Expert and how to Overcome a Lack of Independence

The discretion to allow further Expert Evidence to be obtained

The Weight to be given to Expert Evidence – are you only as good as your last report?

Practical approach for Experts’ access

Medical experts reference and the consumer need for 2nd Expert

The fascinating case of a without prejudice threat

The effect of not stipulating the expert by name

Crusading expert lacked evidence

Guidelines for Assessors

Court can prefer eye witness evidence to the expert’s opinion

Expert’s failure tp roduce backing literature causes re-trial

Relevance of Expert Evidence to Limitation

Immunity from Suit applicable to Experts – Libel Proceedings

Expert Evidence of Childhood Amnesia

Content of Experts’ Reports in Criminal Proceeding

Potential Conflicts of Interest

The importance of the ‘without prejudice’ rule

Should an expert’s report be disclosed if he is replaced by another?

Should a defendant be awarded all costs despite refusal to mediate?

Who should bear the costs?

When the defendant refuses the offer of court mediation

Divorce, financial impropriety and the NCIS

When an expert’s report cannot be relied upon

Failing the Daubert test

Expert testimony based on subjective view rather than knowledge

Does the court have jurisdiction to order mediation, even if one party is unwilling?

An attempt to exclude expert testmonies

Unsupported statements of opinion by experts are simply not good enough

Expert evidence dealt with unsatisfactorily

Expert witnesses should possess the three ‘I’s

Parties who want breadth should be explicit

Expert evidence in the field of immigration

Adjudication - when is a decision made - fees agreements need to be in advance of the event

France recognises the validity of a contract clause to mediate

The cost using a non-expert expert

A late change in experts upheld despite reason being inadequate. A lucky escape or a new judicial approach?

Success in litigation does not stop ‘punishment’ of party withdrawing from mediation

Expert, pressured by client, forgets duty as an expert witness in favour of advocacy

The views of one expert may not be seen as representative of the views of his profession as a whole

Respondents to the claim were awarded costs, despite declining mediation

Experts ‘forced to fill too many blanks with speculation and conjecture’

Novel and unresearched expert evidence

What happens and what is decided in arbitration is confidential

Did the judge disregard the expert evidence in favour of an eye witness?

The disclosure of documents under the CPR