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04 July 2014 / Dr Chris Pamplin
Issue: 7613 / Categories: Features , Expert Witness , Profession
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Game over?

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Are experts now able to tackle the ultimate issue, asks Chris Pamplin

Following FIFA’s finding that Luis Suarez bit Italian defender Giorgio Chiellini in the final match of Group D in the World Cup in Brazil, Uruguay said they would appeal, calling it an “excessive decision” for which “there was not enough evidence”. Suarez has been involved in a number of professional disciplinary hearings before, and his December 2011 hearing before the Football Association Regulatory Commission set out the approach to be followed when considering evidence in such matters—and perhaps surprisingly, footballers’ antics on the pitch serve to illustrate the current state of practice when experts are called to opine on the central issue in a case.

It had long been a rule of evidence at common law that a witness should not give evidence in relation to the “ultimate issue” in a case, because that is a matter for the court to decide and should not be usurped. For some time, however, there has been a steady weakening of the rule against

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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