The Expert Witness Institute

The Expert Witness Institute is the voice of the Expert Witness community; championing experts from all professional disciplines and the lawyers who use their services.

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T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384
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T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384

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The father sought permission to rely on fresh evidence that he had a diagnosis of autism spectrum disorder in an appeal against care and placement orders made in respect of his daughter. The judge reviewed the law on admitting fresh evidence on appeal before applying it to the case.

Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?
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Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?

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The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves.

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) 

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