Expert Witness in UK Law

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

    It is always desirable that an expert should have no actual or apparent interest in the outcome of the proceedings in which he gives evidence, but such disinterest is not automatically a precondition to the admissibility of his evidence. The question of whether the proposed expert should be permitted to give evidence should then be determined in the course of case management.

  • R v Turner (Terence)
    • Court of Appeal (Criminal Division)
    • 17 Oct 1974

    An expert's opinion is admissible to furnish the Court with scientific information which is likely to be outside the experience and knowledge of a Judge or jury. An expert's opinion is admissible to furnish the Court with scientific information which is likely to be outside the experience and knowledge of a Judge or jury. An expert's opinion is admissible to furnish the Court with scientific information which is likely to be outside the experience and knowledge of a Judge or jury.

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

  • Stanton and Another v Callaghan and Others
    • Court of Appeal (Civil Division)
    • 08 Jul 1998

    What, as it seems to me, has not been decided by any authority binding in this Court is whether an expert is immune from suit by the party who has retained him in respect of the contents of a report which he prepares for the purpose of exchange prior to trial—say, to comply with directions given under Order 38 rule 37 RSC—in circumstances where he does not, in the event, give evidence at the trial; either because the trial does not take place or because he is not called as a witness.

  • Jones v Kaney
    • Supreme Court
    • 30 Mar 2011

    There is no longer any scope, if indeed there ever was, for contrasting the duty owed by an expert to his client with a different duty to the court, which replaces the former, once the witness gets into court. Where an expert witness is retained, it is likely to be, as it was in the present case, on terms that the expert will perform the functions specified in the CPR.

  • Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
    • Queen's Bench Division (Commercial Court)
    • 15 Nov 2013

    But its value lies largely, as I see it, in the opportunity which cross-examination affords to subject the documentary record to critical scrutiny and to gauge the personality, motivations and working practices of a witness, rather than in testimony of what the witness recalls of particular conversations and events.

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

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Legislation
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... (d) using any special expertise of the Tribunal effectively; and . (e) avoiding delay, so far as ... (d) to give evidence as a witness; . (e) to produce a document; or . (f) to facilitate the inspection of a ......
  • Lands Tribunal Rules 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... 40. Certificates of value . 41. Administrtion of oaths . 42. Expert witnesses . 43. Preliminary issues . 44. Sealed offers . 45. Withdrawal ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 22.3 . Failure to verify a witness statement . Rule 22.4 . Power of the court to require a document to be ... Rule 27.4 . Preparation for the hearing . Rule 27.5 . Experts . Rule 27.6 . Preliminary hearing . Rule 27.7 . Power of court to add ......
  • Youth Justice and Criminal Evidence Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ...... measures directions in case of vulnerable and intimidated witnesses . Preliminary Preliminary . S-16 . Witnesses eligible for assistance on ...change of circumstances;. . . (c) for expert evidence to be given in connection with an application. for, or for ......
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Books & Journal Articles
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Law Firm Commentaries
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