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04 June 2021 / Dr Chris Pamplin
Issue: 7935 / Categories: Features
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Disregarding expert evidence: what's a reasonable rejection?

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Judges need to be on firm ground when disregarding good & persuasive expert evidence, as Dr Chris Pamplin explains
  • Fact finding commences with the taking of evidence of reliable, contemporaneous documents.
  • Proper and appropriate weight should be given to expert evidence.

It is reasonable to expect that where expert evidence is given by a well-qualified expert in an established field, the court would need very good reasons to disregard it. But to what extent is this required and how far should the judge go in giving reasonable grounds for disregarding what is, prima facie, good and persuasive expert evidence?

In Brunt v Wrangle [2021] 1 WLUK 332, Mr Justice Green heard the appeal of two appellants in probate proceedings. These were the mother and brother of a deceased person who had originally been granted letters of administration on the basis that the deceased had died intestate. Some ten years after the grant, an uncle of the deceased, supported by the deceased’s sister, had come forward with a document purporting

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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