A demonstrably incapable and incompetent witness who was not fit to have been put forward as an expert witness

 

Commentary

Judgment in this case was given by Master Evan Bell, a previous Grange Conference speaker, and the author of ‘Judicial assessment of expert evidence’ in the Judicial Studies Institute Journal, 2: 55-96, 2010 (https://ie.vlex.com/vid/judicial-assessment-of-expert-847477374 ) which might usefully be read with this case summary. Master Bell’s 13-point framework, which he used when considering the expert evidence, is also a useful framework for experts to use when reflecting on their expert witness practice or that of another expert in a case-based discussion or peer review. His framework is also a useful one for expert witness training.

For surveyor experts, the case illustrates some very basic errors and it may therefore also be a useful case for expert surveyor witness training.   

Learning points:

•   Beware over-reliance on the subject’s account to the exclusion of documentary evidence.

•    An expert report is only as good as the assumptions on which it is based.

•    Where one expert’s methodology is more sound than another’s, that expert’s opinion may be accorded more weight.

•     It is rare for expert speculation to assist.  

•     Inspection or examination must be thorough

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