header-logo header-logo

26 November 2021 / Nicholas Dobson
Issue: 7958 / Categories: Features , Judicial review
printer mail-detail

Judicial review: what’s admissible?

65091
Nicholas Dobson examines expert opinion evidence in judicial review proceedings
  • In judicial review proceedings, it is seldom necessary or appropriate to consider any evidence beyond the material before the decision-maker at the time of the decision and evidence of the process by which the decision was taken.

The Oxford English Dictionary tells us that an expert is a: ‘person regarded or consulted as an authority on account of special skill, training, or knowledge; a specialist’. However, former prime minister, Lord Salisbury (1830–1903) had a more jaundiced view: ‘You never should trust experts’, he wrote. For if: ‘you believe the doctors, nothing is wholesome: if you believe the theologians, nothing is innocent: if you believe the soldiers, nothing is safe.’ There does, nevertheless, remain widespread public trust in expert opinion; much more so than in politicians. Relying on this, government ministers have often claimed to be ‘following the science’ on COVID.

But what of expert witnesses in court proceedings? Rule 35.2 of the Civil Procedure Rules (CPR) states that a ‘reference to

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