header-logo header-logo

A semantic tangle

30 September 2016 / David Burrows
Issue: 7716 / Categories: Features , Family
printer mail-detail
nlj_7716_burrows

David Burrows reports on the admittance of expert evidence in civil & family proceedings

  • When can an expert be called to assist the court (Supreme Court guidance)?
  • When can the civil courts give permission to put in expert evidence?
  • What—in reality—is the difference between expert evidence “reasonably required” or “necessary” to resolve proceedings; and does Scots law make any differences irrelevant?

In Kennedy v Cordia (Services) LLP [2016] UKSC 6, [2016] All ER (D) 99 (Feb) the Supreme Court considered a Scottish negligence case where the claimant (English terminology will be used) relied upon a report from an expert (“skilled” in Scottish law) witness, in support of her claim. She said that her employers had not sufficiently protected her from injury—slipping on ice—in her job as a care assistant. The judge at first instance admitted the report, which commented on the facts of the circumstances of the fall, and on the extent of protection which could have been provided against it. The appellate court said he should not have admitted the report.

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll