Description
A comprehensive guide to the law, practice and procedure relating to the admission of expert evidence in courts, tribunals, official enquiries and other proceedings, including arbitration. It gives detailed guidance to those involved in the pre-trial preparation of expert evidence or the presentation or questioning of it in court.
- Covers expert evidence in both civil and criminal proceedings
- Sets out general principles and deals with the application of those principles in specific contexts
- Covers courts, tribunals, official enquiries and arbitration
- Provides guidance for pre-trial preparation of expert evidence, including such issues as bias, privilege and confidentiality
- Discusses when expert evidence can be used
- Details methods of questioning expert evidence in court
- Looks at the form and content of expert evidence, including that produced by machines, devices and other apparatus
- Considers methods of proof, dealing with psychological and psychiatric evidence; land and building valuation; forensic sciences and techniques; actuarial, accountancy and market research; evidence with a mathematical element; and proof of foreign law
- Deals individually with different fields of litigation: personal injury cases; construction claims; intellectual property; criminal sentencing; drink/driving offences; obscenity; and matrimonial and other proceedings involving children
- Includes all important statutory provisions and rules, and extracts from relevant cases
- Makes comparative reference to various other common law jurisdictions, including Scotland, Canada, USA, Australia, NZ and Ireland
- Covers new developments including guidance on the use and admissibility of expert evidence in civil cases, guidance on the instruction of experts to give evidence in civil claims, a practice direction giving assistance to judges in criminal cases on the admissibility and weight to be attached to expert evidence, and a new interpretation of the test for the admissibility of expert evidence under CPR r. 35.1
- Contents:
- Part A: Introduction – The principles and development of expert evidence
- 1. Introduction
- 2. Non-opinion expert evidence
- 3. Novel scientific ideas and techniques: the twilight zone
- Part B: Pre-trial practice and procedure
- 4. Pre-trial procedure
- 5. Single joint experts, assessors and experts appointed by the court
- 6. Bias
- 7. Privilege and confidentiality
- Part C: Evidence at trial
- 8. The expert witness at trial
- 9. The form and content of expert evidence
- 10. Experts and hearsay evidence
- 11. Evidence produced by machines, devices and other apparatus
- 12. The evidential value of expert evidence
- 13. Costs and fees
- 14. Immunity
- Part D: Methods of proof
- 15. Psychological and psychiatric evidence
- 16. The valuation of land and buildings
- 17. Forensic Sciences and Techniques
- 18. Actuarial, accountancy and market research: evidence with a mathematical element
- 19. Proof of Foreign Law
- Part E: Specific tribunals
- 20. Tribunals not governed by the strict rules of evidence
- 21. Specific commercial jurisdictions
- Part F: Fields of litigation
- 22. Medical reports in personal injury cases
- 23. Construction claims
- 24. Intellectual property
- 25. Criminal sentencing
- 26. Drink/Driving offences
- 27. Obscenity
- 28. Matrimonial and other proceedings involving children
- Part G: Expert evidence: The future
- 29. The future
- Appendices
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