Expert Evidence

Expert impartiality is absolutely required. This case is an example where it went badly wrong to the detriment to the party concerned. See: https://bit.ly/4cVeL1E

Really interesting case concerning privilege when a reference is made to a document in an expert's report. It can retain privilege provided that the expert did not rely on it in coming to an opinion. Otherwise it needs to be disclosed. See: https://bit.ly/3NzYCWU

Brown v Sterne & Others | Expert Evidence International In this Northern Irish case, the issue of an expert witness relying on a privileged document is explored, as well as considering how this should be addressed in future cases. Background This case is one of alleged medical negligence. Ms. Deborah Brown (the 'Claimant') alleges that she was injured du...

Evans v Barclays: This case is a landmark decision regarding the UK’s use of Class Actions. It also confirmed the importance of the discretionary powers afforded to the UK’s specialist tribunals in exercising their “gatekeeper" function. See: https://bit.ly/4rsd5Cm

A very happy festive break to all our clients and friends and we wish you a prosperous 2026.

Environmental issues came to the fore in a recent case involving Shell. This is only the most recent hearing in what will be a long and complex case concerning the pollution caused by fossil fuels. The judgment confirms that Shell, as the UK-based parent company, can be sued for harms caused by their subsidiaries, if they exercised control over those operations, or were negligent in failing to supervise them. See: https://bit.ly/4qdHLXr

A most interesting case where a practice of reclaiming dividend withholding tax was developed that was not how it was intended by the Danish Government. However the Court decided that as it did not involve any misrepresentation and was legal it must be allowed. It is for governments to ensure that loopholes do not exist. Some of the experts were criticised for not being impartial. See: https://bit.ly/44obnJ3

Expert witnesses can be invaluable in giving advice on what documents to request under disclosure. The Defendants' expert was praised for the assistance provided to the court. See: https://bit.ly/433nbjn

The Owners of the “Christos Theo” v The Owners of the “Aliki” | Expert Evidence This case concerns a "near miss" at sea but provides valuable insights into the importance of expert witnesses. Background The owners of the Christos Theo (the Claimants) made a claim against the owners of the Aliki (the Defendants) for damage sustained to their vessel, following a grounding caused....

Further clarification on how banking contracts should be understood. A bank is not allowed to act in a way that is irrational, arbitrary or capricious but may act in their own self interests. This case will be of interest to both lenders and borrowers for the future. See: https://bit.ly/3W7vE0V

Great success for Stephen Taylor at Expert Evidence International, an IT specialist, who was providing expertise in the case of Operation Barbados. The defendant was acquitted unanimously by the jury. Daniel King of Forbes Solicitors said "His report was detailed, well-reasoned, and demonstrated a deep understanding of the technical and commercial aspects of the case." See: https://bit.ly/45Wh2WU

Operation Barbados | Expert Evidence Description Operation Barbados was an HMRC investigation that began in late 2012 into an Organised Crime Group that conspired to cheat the Public Revenue and, moreover, succeeded in obtaining over £20 million in VAT due to the Revenue. The Defendant was arrested in 2015 and interviewed over his con...

Interesting case where Expert Evidence provided the banking experts who were congratulated on being “measured and thoughtful”. A poor valuation was not enough for Skykomish to win the case, as the court decided that poor timing had led to the losses incurred. As a result the claim failed. To read more see: https://bit.ly/4lEOGqt

Important case highlighting the challenges faced by lawyers as historic common law intersects with new technologies. Claimants have the opportunity to revisit their claims with a new perspective. Read more: https://bit.ly/44St98t