The diagnosis hang-up and cardiological manifestations of PTSD The diagnosis hang-up and cardiological manifestations of PTSD

The diagnosis hang-up and cardiological manifestations of PTSD

In this road traffic accident case where there was a claim for psychiatric injury, the two psychiatric experts produced between them 14 reports,...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

We are re-publishing our article on the paper on 'How to reduce the risk of re-traumatising claimants in medico-legal litigation claims' ahead...
Setting The Goal Posts  in Expert Determination Cases  For “Manifest Error” Exceptions Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a...
New resources on Alternative Dispute Resolution New resources on Alternative Dispute Resolution

New resources on Alternative Dispute Resolution

We have published extensive new resources on Alternative Dispute Resolution in the EWI Knowledge Hub. 
Expert suggests Google would probably give the court a better answer than him Expert suggests Google would probably give the court a better answer than him

Expert suggests Google would probably give the court a better answer than him

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...
Forensic Science Regulator Code of Practice 2025 (Version 2) Forensic Science Regulator Code of Practice 2025 (Version 2)

Forensic Science Regulator Code of Practice 2025 (Version 2)

Version 2 of the Forensic Science Regulator ('FSR') Code of Practice has completed its passage through both Houses of Parliament and will...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...

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 1587

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.