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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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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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