header-logo header-logo

04 June 2021 / Dr Chris Pamplin
Issue: 7935 / Categories: Features
printer mail-detail

Disregarding expert evidence: what's a reasonable rejection?

50428
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll