header-logo header-logo

The ‘over-eager’ judge

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll