Expert Evidence Flashcards
Which CPR rule and PD are key regulations that govern the presentation of expert evidence in civil proceedings?
CPR r35 and PD35.
in the case of Declan Colgan Music Ltd v UMG Recordings Inc [2023] EWHC 4 (ch) [55]-[61] , what were the three initial considerations regarding expert evidence?
its admissibility
its classification as expert evidence under CPR 35 and
its necessity to resolve the case.
Which rules are noted as subject to permission to present expert evidence?
r.35.1 and r35.4 and the overriding objective.
Under 35.0.1.1, what is expert evidence deemed as to the general rule of only factual evidence being admissible?
An exception.
What four considerations did the case of Kennedy v Cordia (Services) LLP establish governing the admissibility of such evidence?
relevance: evidence must assist court in its task.
qualifications: expert must possess necessary knowledge and experience.
impartiality: evidence must present and assess evidence impartially.
reliability: there must be a reliable body of knowledge or experience supporting the expert’s evidence.
When do the four considerations apply as mentioned in the case of Kennedy v Cordia?
they apply to both expert opinion and factual evidence.
What can expert witnesses provide?
opinions within their expertise such as tech or scientific matters but not on legal issues.
are opinions on witness credibility or reliability admissible?
No
What are the main exceptions to the general exclusionary rule in relation to evidence of opinion under s3 of the Civil evidence Act 1972?
s3(1): where a person is called as a witness in any civil proceedings, his opinion on any relevant matter on which is is qualified to give expert evidence shall be admissible in evidence.
s3(2): a statement of opinion by him on any relevant matter on which he isn’t qualified to give expert evidence is admissible as evidence of what he perceived.
Under CPR 35.1- what will expert evidence be restricted to?
which is reasonably required to resolve the proceedings.
Under CPR 35.1.1, what is the effect of the rule?
expert evidence can only be presented with the court’s permission. The court has authority not to only to direct the issues requiring evidence but also to dictate the nature and presentation of that evidence.
this power extends to excluding otherwise admissible evidence if it aligns with the overriding objective.
In Re RBS (Rights Issue Litigation) [2015], what two elements did r35.1 comprise of?
the evidence admissible and
is the evidence reasonably required to resolve the proceedings?
What is admissibility contingent upon?
the presence of recognised expertise governed by relevant standards and rules.
Under CPR 31.1.2, what have certain types of cases have raised?
particular issues concerning the question of whether expert evidence is reasonably required.
under CPR r35.1.3, which small claims cases are deemed for expert evidence to be unnecessary?
second hand car valuations.
which small claim cases are considered sufficient for expert evidence to be deemed necessary?
published and reputable valuation guides- see Bandegani v Norwich Union Fire Insurance Society Ltd.
In the case of Clifford v Chief Constable of Hertfordshire [2008] (see 35.1.6), what was the reason for a computer science expert being refused?
because issues in dispute were purely factual.
Under CPR 35.2, how is an expert defined?
a person who has been instructed to give or prepare expert evidence for the purpose of proceedings.
under CPR 35.2, how is a single joint expert defined?
an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.
Under CPR r35.3, what is the overriding duty to the court in relation to experts?
it is the duty of experts to help the court on matters within their expertise and this duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.
Under CPR 35.3.2, What are experts in legal proceedings obligated to do?
understand their duties and responsibilities under common law and procedural rules.
What can happen if there is a failure of experts understanding their duties and responsibilities as mentioned under CPR 35.3.2?
it can lead to sanctions and undermine the integrity of the judicial process- R v Pabon.
Under the case of National Justice Compania Naviera SA v Prudential Assurance Co Ltd [1993], what are the following duties for experts?
expert evidence must be independent and uninfluence by litigation demands
they should provide unbiased assistance to the court, offering objective opinions within their expertise.
experts must state the facts or assumptions underlying their opinions and consider all material facts to avoid bias.
they should clarify when a question or issue falls outside their expertise.
if an opinion isn’t thoroughly researched due to insufficient date, this must be indicated as provisional
any change in opinion after exchanging reports should be promptly communicated to the other party and the court.
All documents reference in expert evidence must be provided to the opposing party simultaneously with the exchange of reports.
What did Stuart Smith LJ state as to cases involving fire?
experienced fire experts may need to utilise other skills or knowledge such as mechanical or chemical expertise to assess evidence accurately.