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Court report index
... the leading cases at your fingertips

The following court reports, available exclusively to experts listed in the Register, are for cases that touch upon expert evidence. Click the title of a case to view the court report.

Anglo Group plc -v- Winther Brown & Co. Ltd and BML (Office Computers) Ltd [2000]
   Judge Toulmin recasts the Cresswell principles of expert evidence in the light of the CPR.
Baron -v- Lovell [1999]
   Failure to exchange an expert’s report in time is a good ground for disallowing it altogether.
Brown & Another -v- Bennett & Others [2001]
   A litigant cannot resort to the procedural device of a witness summons to escape paying an expert witness for giving evidence in court.
Carlson -v- Townsend [2001]
   Agreed experts, jointly selected under a pre-action protocol, are not the same as SJEs, and their reports are the sole property of the instructing party.
Daniels -v- Walker [2000]
   Instructing a party-appointed expert after a single joint expert has reported is acceptable. The case also raised interesting issues on the Human Rights Act 1998.
Field -v- Leeds City Council [2000]
   An expert witness is not disqualified from giving evidence by being an employee of one of the parties.
Gareth Pearce -v- Ove Arup Partnership Ltd & Others [2001]
   Referal of an expert witness to his professional body for breach of duty under CPR 35.
Goulden -v- Wilson Barca (a firm) [2000]
   Solicitors acting for legally aided clients in criminal proceedings are not precluded by law from paying an expert’s fee and expenses for giving evidence in court.
Hopkins & Others [1988]
   Judicial support for the right of experts to make cancellation charges.
Jones -v- Kaney [2011]
   The immunity from suit for breach of duty that expert witnesses have enjoyed in relation to their participation in legal proceedings should be abolished; that does not extend to the absolute privilege in respect of claims in defamation, nor does it undermine the immunity of other witnesses in respect of litigation.
Liverpool Roman Catholic Archdiocesan Trustees Inc. -v- Goldberg [2001]
   An expert can provide expert evidence on behalf of a friend, a colleague, employer or client – but must expect his independence to come under detailed scrutiny.
Lucas-v-Barking, Havering & Redbridge Hospital NHS Trust [2003]
   The Court of Appeal reaffirms that the obligation of an expert is to ‘state the substance of all material instructions, whether written or oral, on the basis of which the report was written’
Matthews -v- Tarmac Bricks & Tiles Ltd [1999]
   Expert witnesses must be prepared to meet court requirements on their availability for trial, or be ready to explain why they cannot.
Mutch -v- Allen [2001]
   Written questions (CPR 35.6) may, with the agreement of the courts or the parties, go beyond clarification. Experts should never make the decision on whether or not to deal with written questions – that decision is for the instructing solicitor.
National Justice Compania Naviera SA -v- Prudential Assurance Co Ltd (The Ikarian Reefer) (No. 1) [1993]
   Mr Justice Cresswell’s classic statement of the duties of an expert witness.
Peet -v- Mid-Kent Healthcare Trust [2002]
   One-to-one communication with an SJE is never permissible. SJEs should avoid telephone contact with the parties.
Phillips -v- Symes [2004]
   The Court of Appeal asked whether expert witnesses need immunity from a costs application against them as a furtherance of the administration of justice and took the view that such a safeguard was not needed and allowed an expert witness to be joined as a respondent in an action for costs.
R (Factortame Ltd & Others) -v- Secretary of State for Transport, Local Government & the Regions (No 8) [2002]
   Expert witnesses should not have any financial interest in a case in which they are instructed. This means experts must not accept payment terms that depend on the outcome of the case.
Raiss -v- Paimano [2001]
   Under CPR, the courts are still showing no inclination to diminish the expert’s right to immunity to suit.
Re N - BCM (Children) [2002]
   Trial judges must be expected to give reasons for rejecting expert evidence.
Rollinson -v- Kimberley Clark Ltd [2000]
   A solicitor should not instruct an expert who is known not to be available to attend court.
Sage -v- Feiven [2002]
   ‘There is no property in a witness’ - unless the witness in question has already been instructed as an ‘agreed’ expert (i.e. pre-action).
Stanton -v- Callaghan [1998]
   Experts are entitled to immunity from suit ‘to avoid the tension between a desire to assist the court and fear of the consequences of a departure from previous advice’.
Stevens -v- Gullis [2000]
   An expert’s failure to comply with CPR resulted in his client losing the opportunity of pursuing a claim and being saddled with some very expensive legal fees.
Vogel -v- Leeds District Magistrates Court [2005]
   Is the discretion of the Determining Officer to pay experts’ travel time claims in criminal cases fettered? No, but the system is still pretty fetid!

 

Disclaimer
The information contained in the court reports is supplied for general information purposes only and does not constitute professional advice. Neither J S Publications nor the authors accept responsibility for any loss that may arise from reliance on information contained herein. You should always consult a suitably qualified adviser on any specific problem or matter.

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