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15 March 2024 / Ian Gascoigne
Issue: 8063 / Categories: Features , Profession , In Court
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Court-appointed assessors: shadows in the world of fact determination? (Pt 2)

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Ian Gascoigne looks to the Admiralty to scrutinise the role of court-appointed assessors
  • In ‘Judicial notice: shadows in the world of fact determination (Pt 1)’ (NLJ, 9 February 2024, p13), Ian Gascoigne considered the usefulness of judicial notice as a shortcut, and examined its limited application.
  • Here in Pt 2 of the two-part series, he discusses the role of court-appointed assessors in the civil court system, determining whether they genuinely help fact determination or undermine transparency

In resolving factual conflicts between parties in a civil case, the trial judge will evaluate the evidence and decide, on the balance of probabilities, which side has offered the more likely version.

What if the judge does not fully understand technical aspects of the evidence, parts that are critical to the decision? In many cases, expert evidence will be called, and the expert(s) can explain technical processes. Expert evidence is not permitted, however, in each case in which there are aspects outside a judge’s

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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