Expert Evidence in UK Law

Leading Cases
  • Whitehouse (A.P.) (Suing by his Mother and Next Friend Eileen Whitehouse) v Jordan and Others
    • House of Lords
    • 19 Febrero 1981

    While some degree of consultation between experts and legal advisers is entirely proper, it is necessary that expert evidence presented to the court should be, and should be seen to be, the independent product of the expert, uninfluenced as to form or content by the exigencies of litigation. To the extent that it is not, the evidence is likely to be not only incorrect but self defeating.

  • English v Emery Reimbold & Strick Ltd
    • Court of Appeal (Civil Division)
    • 30 Abril 2002

    It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the Judge reached his decision. This does not mean that every factor which weighed with the Judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the Judge's conclusion should be identified and the manner in which he resolved them explained.

  • R (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8)
    • Court of Appeal (Civil Division)
    • 03 Julio 2002

  • SI (expert evidence - Kurd - SM confirmed)
    • Asylum and Immigration Tribunal
    • 07 Mayo 2008

    However, its failure to do so cannot imbue expert evidence submitted by an appellant with any greater value than it merits when considered alongside the rest of the evidence. In general, the Tribunal take the view that a country expert's opinion is to be given significant weight and if the Tribunal decides to come to a different view from an expert on key matters, proper reasons must be given.

  • Sd (Expert Evidence)
    • Asylum and Immigration Tribunal
    • 17 Julio 2008

    The fact that an expert has included a quote attributing it to a report which does not in fact include that quote, raises questions about the accuracy of the expert's reports in other respects.

  • Bolitho v City and Hackney Health Authority
    • House of Lords
    • 13 Noviembre 1997

  • Kennedy v Cordia (Services) LLP
    • Supreme Court (Scotland)
    • 01 Febrero 2017

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Legislation
  • Children and Families Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... has contravened subsection (1) to be made after considering only evidence of a description specified in the Rules ... (3) In this section—“the ... 2014/1042, arts. 3, 4, 6-10) ... 13: Control of expert evidence, and of assessments, in children proceedings ... (1) A person ... ...
  • The Civil Procedure (Amendment) Rules 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... (a) identifying or limiting the issues to which factual evidence may be directed; ... (b) identifying the witnesses who may be called or ... expert evidence and”; ... (b) in paragraph (2)(a), after “required” ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... order in which issues are to be resolved;(e) controlling the use of expert evidence;(f) encouraging the parties to use F124a non-court dispute ... ...
  • Crown Court (Advance Notice of Expert Evidence) Rules 1987
    • UK Non-devolved
    • 1 de Enero de 1987
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Books & Journal Articles
  • EXPERT EVIDENCE
    • No. 10-1, January 1947
    • The Modern Law Review
  • Expert Evidence
    • Contents
    • Child Care and Protection Law and Practice - 6th Edition
    • Safda Mahmood/Julie Doughty
    • 225-234
  • Expert Evidence
    • No. 70-4, August 2006
    • Journal of Criminal Law, The
    • 0000
  • Expert Evidence in Criminal Proceedings
    • No. 80-5, October 2016
    • Journal of Criminal Law, The
    • 0000
    In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings s...
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Law Firm Commentaries
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Forms
  • Form T35
    • HM Courts & Tribunals Service court and tribunal forms
    Environmental Tribunal forms relating to Nitrate Vulnerable Zones (NVZs).
    ... ...   ... Date you received the Notice ... 4. Expert Evidence ... Are you intending to submit expert evidence? ... ... ...
  • 28)
    • HM Courts & Tribunals Service court and tribunal forms
    • HM Courts & Tribunals Service
    Criminal Case Management forms including hearing forms.
    ... ... Yes   No ... 2) ... Expert evidence ... Will parties rely on expert evidence? ... ... ...
  • Crown Court preliminary hearing form: multiple defendants (Section 28)
    • HM Courts & Tribunals Service court and tribunal forms
    Criminal Case Management forms including hearing forms.
    ... ... Yes   No ... 2) ... Expert evidence ... Will parties rely on expert evidence? ... ... ...
  • Draft Chancery case management directions
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... ] an               interval between close of evidence and final submissions of [      day(s)] [or ... The parties have permission to apply for directions as to expert evidence (if necessary) ... Single expert ... Evidence be ... ...
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