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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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