Expert Witness

Question 1

Kennedy v Cordila 2017

Answer 1

A recent Supreme Court case
Woman wishing to sue her employer
Fell on ice when visiting client
The status of the health and safety expert questioned

Set out new standards for
Expert opinion
And skilled evidence of fact

Question 2

Principles in Kennedy v cordilia

Answer 2

Opinion evidence only if necessary

Skilled fact only when helpful

Question 3

Admissibility of skilled witness

Answer 3

From cordilia case

Whether it’s necessary or helpful
Whether they have skills and knowledge necessary
Whether they are impartial
Whether there is a body of knowledge underpinning then evidence

Question 4

Role of expert witness

Answer 4

Davie v Edinburgh magistrates

They should not usurp the job of the judge and jury

It is not their role to give an opinion on the critical judgment of the case

Question 5

Duties of an expert witness

Answer 5

London Bridge engineering case

8 main points

Idependent and uninfluenced
Not bias
Facts or assumptions must be stated
Must say if out of expertise
Another opinion if data is not available
Whole truth not just what suits
If change of view/ data should be declared

Question 6

Limitations on expert witness testimony

Answer 6

Is in statute - blue tab

They may not testify to matters within the knowledge and experience of fact

Question 7

Igram case

Answer 7

Police man giving evidence on speed cannot say whether it is dangerous driving or not