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24 January 2014 / Dr Chris Pamplin
Issue: 7591 / Categories: Features , Expert Witness , Profession
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A matter of opinion

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Is expert opinion produced outside the court process admissible? Chris Pamplin reports

Is expert opinion contained in third party documents (produced by entirely independent persons, extraneous to the proceedings and the parties) admissible as evidence in civil cases where the maker of the document is not to be called, indeed, may not even be clearly identified?

Air crash investigations

In Rogers v Hoyle [2013] EWHC 1409 (QB); [2013] All ER (D) 21 (Sep), an application was made to exclude from evidence a report produced by the Air Accident Investigation Branch of the Department for Transport (AAIB). The case involved a claim by executors of a Mr Rogers, who had been killed when a Tiger Moth aircraft in which he was a passenger, crashed in Dorset. The claimant alleged that the accident was caused by the negligence of the defendant, Mr Hoyle, who was the pilot of the aircraft.

The purpose of air accident investigations is the prevention of accidents and not to apportion blame or liability. The crash had been

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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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