New EWI Guidance on Being instructed as a Single Joint Expert New EWI Guidance on Being instructed as a Single Joint Expert

New EWI Guidance on Being instructed as a Single Joint Expert

The EWI has just released its new Guidance on Being instructed as a Single Joint Expert with invaluable and easily accessible information and...
Fourth Amendment to the Criminal Practice Directions 2023 – November 2025 Fourth Amendment to the Criminal Practice Directions 2023 – November 2025

Fourth Amendment to the Criminal Practice Directions 2023 – November 2025

The Lady Chief Justice has issued the fourth amendment to the Criminal Practice Directions 2023 which includes changes to chapter 7 (Expert Evidence),...
O v C [2025] EWFC 334 O v C [2025] EWFC 334

O v C [2025] EWFC 334

A mother applied to set aside what she submitted were findings made five years ago by a district judge concerning the party’s...
Aaron Haley v Newcold Ltd [2025] EWCC 57 Aaron Haley v Newcold Ltd [2025] EWCC 57

Aaron Haley v Newcold Ltd [2025] EWCC 57

The Claimant alleged that an accident five years earlier was the cause of the amputation of his lower leg. The judge criticised the Claimant’s...
Fixed Recoverable Costs Interim Implementation Stocktake Fixed Recoverable Costs Interim Implementation Stocktake

Fixed Recoverable Costs Interim Implementation Stocktake

The Civil Procedure Rule Committee is undertaking a consultation regarding the effectiveness of the extension of Fixed Recoverable Costs (FRC),...
Draft report retains litigation privilege (at least for now) Draft report retains litigation privilege (at least for now)

Draft report retains litigation privilege (at least for now)

It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is...
Podcast Episode 18: Pro Bono Expert Evidence Podcast Episode 18: Pro Bono Expert Evidence

Podcast Episode 18: Pro Bono Expert Evidence

Today is the start of the 24th UK Pro Bono Week. In this extra edition of the Expert Matters Podcast we discuss the EWI's recent Partnership with...
A Day in the Life of a Speech and Language Expert Witness A Day in the Life of a Speech and Language Expert Witness

A Day in the Life of a Speech and Language Expert Witness

We speak to a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing medicolegal...
Podcast Episode 17: Wellbeing and Resilience as an Expert Witness Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

October 10th is World Mental Health Day and in this month's episode of the Expert Matters Podcast, we look at the issue of wellbeing and...
A Day in the Life of a Jewellery and Gemstone Expert Witness A Day in the Life of a Jewellery and Gemstone Expert Witness

A Day in the Life of a Jewellery and Gemstone Expert Witness

Dr Richard Taylor is an Expert in the identification, verification and valuation of diamonds, gemstones, jewellery, watches, silver and antiques. He...
Podcast Episode 16: CV Writing Podcast Episode 16: CV Writing

Podcast Episode 16: CV Writing

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...

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 2178

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.