Janna Purdie delves into the Wembley Stadium litigation to find an interesting reminder of the pitfalls of drafting witness statements
Expert evidence
In a judgment with the potential for broad application, the Technology and Construction Court (TCC) has held that engineers in construction litigation who provide factual witness evidence may, in their evidence, also provide expert opinion.
Mr Justice Jackson decided that such expert opinion may be offered where it was reasonably related to the facts within a witness's own knowledge or based upon their own experience.
Though the judgment related to engineers in construction cases heard in the TCC, there is no reason why the principle could not be extended to other types of case heard in different courts.
The case also contained a reminder, to the extent that any of us need reminding, that when involved in drafting statements, we must exercise caution in ensuring that we do not put words in the mouths of witnesses.
The question posed
The Multiplex case arises out of the long running dispute between the
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