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22 November 2007 / B Mahendra
Issue: 7298 / Categories: Features , Expert Witness
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EXPERT WITNESSes AND FACTS >>
STAFF PROTECTION >>
WITNESS INCAPACITY >>

FACTS, OPINIONS AND BIAS

An expert witness needs to work from a factual matrix. Without facts of some kind, an opinion is not feasible; but in litigation difficulty sometimes arises when the facts themselves are in dispute and the tribunal of fact has not yet spoken—it may be awaiting the expert’s opinion to help it find its voice. How is the expert to proceed in these circumstances?

It is in child care proceedings that an expert usually finds himself in difficulty on account of not knowing which version of the facts is true. Allegations of domestic violence and the abuse of children are especially pregnant with disputed facts.

There may be available strategies which assist in bypassing this problem. A parent could deny violence but there could be convictions in his past which may be able to furnish conclusive proof of a tendency to violence as proved to a court’s satisfaction. Even a charge of an offence may indicate that the prosecuting authority had

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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