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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

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
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