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26 November 2021 / Nicholas Dobson
Issue: 7958 / Categories: Features , Judicial review
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Judicial review: what’s admissible?

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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

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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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