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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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