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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll