Is it within the remit of an expert to decide which witness of fact they believe or... Is it within the remit of an expert to decide which witness of fact they believe or...

Is it within the remit of an expert to decide which witness of fact they believe or...

The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had...
Procedure for Determining Mental Capacity in Civil Proceedings Procedure for Determining Mental Capacity in Civil Proceedings

Procedure for Determining Mental Capacity in Civil Proceedings

A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental...
When the joint statement is no more than really two statements, one from each expert. When the joint statement is no more than really two statements, one from each expert.

When the joint statement is no more than really two statements, one from each expert.

The 'joint statement' prepared by two blockchain experts was really two statements, one from each expert. Fabrizio D'Aloia v Persons...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
The dangers of a considerable burden of expert work The dangers of a considerable burden of expert work

The dangers of a considerable burden of expert work

The court found that a highly respected and hugely experienced histopathologist expert wtiness, who was overburdened with work, had made errors in his...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

When can permission be granted to use Expert Evidence?
Simon Berney-Edwards 986

When can permission be granted to use Expert Evidence?

bySimon Berney-Edwards

A judgment in the case of Wambura & Ors V Barrick TZ LTD & Anor [2023] EWHC 2582 (KB) makes interesting reading in understanding the tests that will be applied in determining whether expert Evidence is required in a case.

 

The case concerns claims brought by 14 Tanzanian nationals for personal injury and death said to be caused by Tanzanian police engaged by the defendants for security operations on or near the North Mara gold mine in North-West Tanzania.

 

The Claimants requested permission to call security expert evidence relating to the case. However, this request was opposed by the defendants who stated that the Claimants had been able to plead a detailed case on the issues on which they were proposing to introduce expert evidence. In addition, the judge would have access to CCTV evidence relating to many of the incidents. Therefore, they argued that expert evidence was unlikely to offer the court any additional assistance.

 

Part 35 of the Civil Procedure Rules states that “expert evidence shall be restricted to that which is reasonably required to resolve the proceedings”.

 

The claimants were asked to submit the proposed terms of reference for the instruction of the expert, together with the identity and CV of the individual they sought to instruct.

 

In considering whether the evidence was admissible, Master Stevens considered the extent to which:

  • The evidence would assist the trial judge
  • The proposed expert had the necessary knowledge and experience
  • The proposed expert was impartial
  • There was a reliable body of knowledge

 

In reaching a judgment on whether the evidence was reasonably required, Master Stevens noted that this was dependent of finding that the proposed expert evidence could be useful. This was not found to be the case and therefore the application was dismissed.

 

This is a useful case to read if you are considering whether or not you might be able to apply to use Expert Evidence.

Share

Print
Comments are only visible to subscribers.