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17 March 2023 / Dr Chris Pamplin
Issue: 8017 / Categories: Features , Profession , Expert Witness , Procedure & practice
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Experts & circumstantial evidence

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Aggregation of evidence is for the jury, not the expert, as Chris Pamplin explains
  • In cases involving circumstantial evidence, experts must restrict themselves to the primary evidence within their field of expertise.

The case of R v Olive and others [2022] EWCA Crim 1141 gave the Court of Appeal the opportunity to restate the way experts should handle circumstantial evidence. While jurors can bring together strands of evidence, circumstantial or otherwise, from different experts to form a judgement, to what extent can experts do the same to support their opinions?

The facts of the case

The appellant, Micheala Olive, along with two others, had been convicted of murder following a fatal shooting. There were no witnesses to the shooting, but two witnesses had heard the shot, observed a white car with its engine running, and seen four or five unidentified men running from the crime scene. The other evidence in the case was CCTV footage of a similar white car, evidence obtained from mobile phone location tracking, spent

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
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