header-logo header-logo

11 August 2017 / Dr Chris Pamplin
Issue: 7758 / Categories: Features , Expert Witness , Profession
printer mail-detail

The ‘over-eager’ judge

02_pamplin

Dr Chris Pamplin looks at how far a judge can go in taking a proactive role towards experts in proceedings

It is part of the judge’s role to oversee the questioning of witnesses. Judges are rarely taciturn, and many is the expert who has been on the wrong end of an acerbic judicial comment. But how far can a judge go in this? A case came before the Court of Appeal recently in which the court took the opportunity to make some useful observations on what is permissible.

The case concerned was Shaw v Grouby [2017] EWCA Civ 233. It involved a boundary dispute, right of access and encroachment on land in which the judge found in favour of the claimant. During the course of the trial, the trial judge had reportedly made many interjections. Indeed, according to the defendant, the judge had all but taken over cross-examination. It was alleged that he had conducted a detailed examination of the experts with a view to getting them to agree to his views, and

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll