header-logo header-logo

23 June 2011 / David Smith
Issue: 7471 / Categories: Features , Expert Witness
printer mail-detail

Humble opinions

Expert evidence must distinguish fact from opinion, says David Smith

There is an important distinction made between types of evidence in England and Wales—witness evidence that relates to fact and evidence that relates to opinion. The first is admissible while the second is not. The distinction is often hard to spot.

In truth, all evidence is opinion evidence to some extent in that the same events may appear to occur in an entirely different manner due to a difference in the way they recall or interpret the events, or because of a conscious or unconscious bias. The court resolves this problem by grouping issues of interpretation and bias under the general heading of witness credibility.

Opinion v fact

For example, a passenger in a car cannot give factual evidence about the speed that the car is travelling unless they have actually looked at the speedometer. They can give factual evidence about how frequently lampposts were passing the windows and as to how the car was moving in relation to other vehicles on the road,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll