Summary

The Petitioner, who was one of 15 candidates in an English Parliamentary By-Election, alleged that his vote count of 50 was fraudulently pre-determined. The expert statistician for the Petitioner based his opinion solely on the evidence of the Petitioner, which was contested. He was unaware of the contents of the Respondents’ witness statements and had not taken them into account.

Learning points

• Make sure that you have been provided with all witness evidence so that you are aware of, and are in the position to address the consequences of, any differences in the factual evidence served by the parties, when expressing your expert opinion. You should be especially vigilant if you have been instructed by a litigant in person.

• Your duty to be independent could be compromised by opinions you have published about, or interactions you have had with, the opposing party. Raise these with your instructing party, consider whether to disclose them in your report and, if the actions have significantly compromised your position, consider declining instructions.

• Ensure that any statistical analysis you conduct is robust and defensible.

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