header-logo header-logo

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

A semantic tangle

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

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
back-to-top-scroll