Podcast Episode 9: Becoming an Expert Witness Podcast Episode 9: Becoming an Expert Witness

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In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you,...
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The judge found that the forensic accounting expert’s approach of forming an opinion as to the value of the Company, then carrying out a...
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This is a case which will assume much greater importance for the 15 points of practice and practical steps that the judge decided can help reduce the...
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Professor Keith Rix discusses whether experts can accept instructions on the basis of mirroring the solicitors’ ‘no win – no...
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Any uncertainty as to whether a psychiatrist can provide an expert report as a paper-based assessment is answered by this case. In this case the...
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The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings. The call for...
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Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...
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The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting...
Podcast Episode 8: Re-evaluating your opinion Podcast Episode 8: Re-evaluating your opinion

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In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate...
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In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the...
Day in the Life of a Financial Expert Day in the Life of a Financial Expert

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Uwe Wystup is a practitioner in the field of foreign exchange options, as well as a senior academic, trainer, and judge. He is the founder of...
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Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...

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FREE CHAPTER from ‘A Practical Guide to the Use of Expert Evidence in Criminal Cases’
Priya Vaidya 2402

FREE CHAPTER from ‘A Practical Guide to the Use of Expert Evidence in Criminal Cases’

byPriya Vaidya

CHAPTER ONE – AN INTRODUCTION TO EXPERT EVIDENCE

What is expert evidence?

Expert evidence is evidence of opinion falling outside the experience of a judge or jury. This contrasts with non-expert evidence that goes to matters of fact. The oft quoted judgement of King CJ in the South Australian case of R v Bonython provides a helpful outline:

whether the subject matter of the opinion is such that a person without instruction or experience in the area of knowledge or human experience would be able to form a sound judgment on the matter without the assistance of witnesses possessing special knowledge or experience in the area; and whether the subject matter of the opinion forms part of a body of knowledge or experience which is sufficiently organised or recognised to be accepted as a reliable body of such and a special acquaintance with it by the witness would render his opinion of assistance to the court.”1

The Court of Appeal observed in R v Dlugosz and others2 that in determining the issue of admissibility of evidence as expert evidence the court must be satisfied that there is a sufficiently reliable scientific basis for the evidence to be admitted and tested before the jury.

 

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