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
