Expert Reports in UK Law

Leading Cases
  • FRANCOIS MIBANGA v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 17 Mar 2005

    It seems to me to be axiomatic that a fact-finder must not reach his or her conclusion before surveying all the evidence relevant thereto. What the fact-finder does at his peril is to reach a conclusion by reference only to the appellant's evidence and then, if it be negative, to ask whether the conclusion should be shifted by the expert evidence.

  • MOJ and Others (Return to Mogadishu)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 09 Set 2014

    Thus in the contemporary era the subject of expert evidence and experts' reports is heavily regulated. The principles, rules and criteria highlighted above are of general application. They apply to experts giving evidence at every tier of the legal system. They are reflected in the Senior President's Practice Direction No 10 (2010) which, in paragraph 10, lays particular emphasis on a series of duties.

  • JP Morgan Chase Bank & Others and Springwell Navigation Corporation (No 4)
    • Queen's Bench Division (Commercial Court)
    • 03 Nov 2006

    I should mention one further practical matter, which I think is relevant to large commercial disputes. It is inevitable when there is a dispute between commercial entities that covers a long period of time (as this case does) and concerns a very large sum of money, that a huge amount of documents will have to be considered.

  • HM and Others (Article 15(c)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 12 Oct 2012

    Mr Fordham sought to persuade us that we should indeed accord a more primary status to UNHCR Guidelines so as to reflect its status and mandate, its detailed assessment and rigorous standards of due diligence such that it is not appropriate to depart, “save for a cogent and identified reason”, from UNHCR's guidelines.

  • LP (LTTE area – Tamils – Colombo – risk?)
    • Asylum and Immigration Tribunal
    • 12 Abr 2007

    Whilst this on the face of it has some obvious validity, we consider that the advice and information provided in such letters must be given significant weight as it is compiled by professional diplomats who we consider are skilled and trained in the observation and acquisition of knowledge in the countries where they are based. Their opinions should be given equal value to that of a well-informed, balanced country expert who provides sources and evidence of his or her expertise.

  • Hajigeorgiou v Vasiliou
    • Court of Appeal (Civil Division)
    • 10 Mar 2005

    The court approached the issue that was before it on the footing that the defendant required permission in order to rely on a second expert. That is the basis on which we are approaching the second issue in the present case. The question of principle that was decided in Beck was that the court has the power to give permission to a party to rely on a second (replacement) expert which it should usually exercise only on condition that the report of the first expert is disclosed.

    A question that was not considered in Beck is whether the condition of disclosure should relate only to the first expert's final report, or whether it should also relate to his or her earlier draft reports. In our view, it should not only apply to the first expert's "final" report, if by that is meant the report signed by the first expert as his or her report for disclosure. It should apply at least to the first expert's report(s) containing the substance of his or her opinion.

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Legislation
  • Civil Evidence Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
    ...... in evidence of statements of opinion and the reception of expert evidence; and to facilitate proof in such proceedings of any law other ...S-2. Rules of court with respect to expert reports and oral expert evidence.2 Rules of court with respect to expert reports ......
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......disclose to the other party or parties any expert evidence which he. proposes to adduce in the proceedings. . . (b) ...subsections (3) and (4). . (3) In section 4 (contemporary reports of. proceedings) after subsection (2) there shall be inserted— . (2A) ......
  • The Family Procedure Rules 2010
    • England & Wales
    • 1 de Enero de 2010
    ......) the valuation of assets (including the joint instruction of joint experts);(b) obtaining and exchanging expert evidence, if required;(c) the ... Children's guardian, solicitor and reports under section 7 of the 1989 Act . 12.6. As soon as practicable after the ......
  • The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... against the risk of incurring liability to pay for one or more expert reports in connection with the proceedings (or against that risk and other ......
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Books & Journal Articles
  • Child Maltreatment in Diverse Households: Challenges to Law, Theory, and Practice
    • Núm. 35-1, Marzo 2008
    • Journal of Law and Society
    In the United Kingdom relatively little attention has been paid to ‘race’ and racism and the role of cultural, religious, and linguistic diversity in care proceedings. This paper will look at the b...
    ...... failures of parenting, and the coverage of diverse backgrounds in expert reports and parents' statements. It will argue that while there is no ......
  • Mental Health Expertise in Refugee Status Decision-Making: Judging or Caring?
    • Núm. 18-4, Octubre 2014
    • International Journal of Evidence & Proof, The
    Therapeutic and legal methodologies address credibility assessment in crucially different ways. These differences can generate mistrust and antipathy between refugee decision-makers and mental heal...
    ...... These differences can generate mistrust and antipathy between refugee decision-makers and mental health professionals whose expert assessment reports are offered to assist decision-making. The anthro- pologist Good, quoted above, provides a graphic expression of one aspect of this discipline rift, ......
  • Asylum Adjudication, Mental Health and Credibility Evaluation*
    • Núm. 41-3, Septiembre 2013
    • Federal Law Review
    This article examines the central role that credibility assessment plays in refugee determinations. It draws on the authors' own empirical study, Tales of the Unexpected, to display the complex way...
    ...... in the Tales study for decision makers to dismiss expert opinions expressed in reports tendered by applicants ......
  • Expert systems implementation:. interviews with knowledge engineers
    • Núm. 95-10, Diciembre 1995
    • Industrial Management & Data Systems
    • 3-7
    Reports on the comments of knowledge engineers (KEs) on the implementation of expert systems (ES) in their organizations. Describes telephone interviews with 28 KEs who had developed ES for end‐use...
    ......Too often in theliterature, reports on ES prototypes are given with noregard to how the system might operate in a realenvironment. This discussion and statements by the KEsshould help ......
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Law Firm Commentaries
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