21 November Case Updates Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? Range of Opinion, Cross-examination, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence 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 suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves. Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB)
30 May News Tips for cross-examination from the EWI Annual Conference Cross-examination, EWI Conference 2024, 15. Giving Oral Evidence During this year’s EWI Conference on 17 May, Beth Rigby presented a session on the Expert Witness: In Practice. The session featured practical examples of an Expert under cross-examination to illustrate the pitfalls of oral evidence and how to avoid them, before concluding with breakout groups to discuss concerns with, and tips for, cross-examination. We've collated the insigfhtful feedback from these discussions.
28 September Case Updates Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself Expert evidence, Cross-examination, Expertise Remember the duties of the expert as set out in CPR Pt 35 and Practice Direction 35. Don't stray into giving evidence on matters falling outside your expertise.
6 June Case Updates Skatteforvaltningen v Solo Capital Partners LLP [2023] EWHC 590 (Comm) + Cross-examination, Reasoned Opinion, 15. Giving Oral Evidence “A very poor job or dishonesty?”
7 February Case Updates RGRE Grafton Ltd v Bewleys Café Grafton Street Ltd [2023] IEHC 25 Ultimate issue, Cross-examination, Architecture, Stained glass, Evidence of fact v expert evidence, 10. Records Assessments and Site Visits, 11. Report Writing, 15. Giving Oral Evidence “What is a window?”
7 December News Attack on expert's credibility rejected Expert evidence, Credibility, Cross-examination, reliability, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence We have often drawn attention to cases in which claims regarding experts’ unreliability were supported, so we feel it is important to highlight counter-examples
22 November Case Updates Re CSB 123 Ltd [2021] EWHC 2506 (Ch) Duty to the court, Cross-examination, Valuation methodology, Comparables, Multipliers, 11. Report Writing, 15. Giving Oral Evidence The case: An application brought under the Insolvency Act 1986.