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23 June 2011 / David Smith
Issue: 7471 / Categories: Features , Expert Witness
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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,

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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