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Chapter

Cover A Practical Approach to Effective Litigation

21. The Potential Roles of Experts  

In conducting civil litigation, expert evidence may be required to assist the lawyer in understanding the circumstances of the case, identifying a potential cause of action, evaluating the case and the potential remedies, understanding expert evidence provided for another party, and identifying weaknesses in their case. This chapter first considers the roles of experts in civil litigation. Experts can be involved in capacities such as conducting early neutral evaluation, decision-making, negotiation or mediation, as a witness in court, or as an assessor. When searching for an appropriate expert, lawyers can turn to relevant professional associations for guidance; and some professions also provide support to members who work as professional experts. The remainder of the chapter discusses the procedure for admitting expert evidence in litigation; the requirements for an expert report; and the contents and review of expert reports.

Chapter

Cover Murphy on Evidence

17. Opinion evidence  

This chapter discusses the following: the general rule of common law that the opinion of a witness is inadmissible, and the exceptions for evidence of general reputation, the opinion of an expert witness within his area of expertise, and the opinion of any witness as a way of conveying facts within the competence of members of the public generally which do not call for specialized knowledge; principles of admissibility; competence; independence and objectivity; the weight of expert opinion evidence; the function of expert evidence; materials used by experts in forming their opinion; expert reports; common subjects of expert evidence; and the admissibility of non-expert opinion evidence. The developments since the Law Commission report on Expert Evidence (No. 325) are addressed, as are the impact of the Criminal Procedure Rules 2015 and the Criminal Practice Direction.

Chapter

Cover A Practical Approach to Civil Procedure

35. Experts  

This chapter discusses the principles governing the use of expert evidence in civil claims. It covers the admissibility of expert evidence; control of evidence; choice of expert; privileged nature of experts’ reports; disclosure of experts’ reports; written questions to experts; examinations by experts; experts’ immunity from suit; and use of experts’ reports after trial.

Chapter

Cover Concentrate Questions and Answers Evidence

8. Opinion evidence  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter explores an area of evidence law dominated by expert witness evidence and the extent to which flawed testimony leads to miscarriages of justice. Expert evidence is now commonplace in criminal and civil trials, and the courts and Parliament have developed procedures to ensure that it is of high quality. These are an eclectic mix of common law and statute and their development reflects the importance of scientific expertise. It is necessary to be familiar with the differences between expert and non-expert opinion evidence and on when and in what circumstances both types are admissible and questions that can be asked of the expert whilst giving evidence. The approach depends on whether the question relates to civil or criminal trials

Chapter

Cover The Modern Law of Evidence

9. Corroboration and care warnings  

This chapter discusses exceptions to the general rule that there is no requirement for evidence to be corroborated. There are three categories of exception (i) where corroboration is required as a matter of law (speeding, perjury, treason, and attempts to commit these offences) and therefore a conviction cannot be based on uncorroborated evidence; (ii) where neither corroboration in a technical sense nor supportive evidence is required as a matter of law, but the tribunal of fact may need to be warned to exercise caution before acting on the evidence of certain types of witness, if unsupported; (iii) five cases in which corroboration is not required as a matter of law, and there is no obligation to warn the tribunal of fact of the danger of acting on the unsupported or uncorroborated evidence, but there is a special need for caution. The five cases are confessions by mentally handicapped persons, identification evidence, lip-reading evidence, cases of Sudden Infant Death Syndrome, and unconvincing hearsay. Identification evidence is dealt with separately in Chapter 10.

Chapter

Cover Evidence Concentrate

9. Opinion evidence  

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion evidence, largely expert opinion. The notice and disclosure rules in criminal cases under the Criminal Procedure Rules (CPR) are outlined. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the CPR, and, finally, examines the ultimate issue rule, which has been abolished by s33(1) of the Civil Evidence Act (CEA) 1972.

Chapter

Cover Cross & Tapper on Evidence

XI. Opinion  

This chapter discusses the law relating to the evidence of opinion. It first considers the rule on the evidence of opinion and explains its rationale, especially the nature of its relationship to the rules excluding hearsay. The chapter discusses two broad spheres of evidence of opinion: expert and non-expert. The first concerns matters calling for specialized skill or knowledge. In this sphere, the only questions are whether the subject of inquiry does raise issues calling for expertise, and whether the witness is a qualified expert. In the residuary non-expert sphere, evidence of opinion will be excluded if the subject is one with regard to which fact and inference can conveniently be kept separate. The chapter then illustrates the operation of the rule, together with the two areas of expert and non-expert opinion in which there are exceptions. Finally, this chapter deals with the reform of the rule.

Chapter

Cover Evidence

12. Expert Evidence  

Chapter 12 deals with expert evidence. It discusses the principles governing the admissibility of expert opinion evidence; use of the work of others and the rule against hearsay; expert witnesses; ‘battles of experts’ and the presentation of expert evidence; and disclosure and evaluation of expert evidence.

Chapter

Cover Evidence

9. The opinion rule and the presentation of expert evidence  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The ‘opinion rule’ is one of the major exclusionary rules of the law of evidence. This chapter discusses the following: the general rule excluding evidence of opinion; four exceptions to the opinion rule born of necessity; the principal exception to the rule against opinion evidence; expert opinion, where we examine such matters as who may qualify as an expert witness, to what an expert witness may testify, and the reconciliation of expert evidence with the rule against hearsay; the presentation of DNA evidence; the use of Bayes’ theorem, and how a court should instruct the jury in mathematical probabilities. The application of expert evidence in criminal and civil cases is considered separately.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

15. Preparation for the Mediation  

This chapter identifies the procedures of preparing for mediation. If the parties to the dispute have appointed lawyers, then the lawyers will undertake most of the preparatory work that is required for a mediation. A lawyer will often be required to describe what happens in the mediation process, select and agree the appointment of a suitable mediator, agree the terms of the mediation agreement, and locate and book (if necessary) the venue for the mediation. They are also required to sort out preliminary ground rules for the mediation with the mediator and the other parties such as the documents that need to be prepared and (if necessary) exchanged, decide whether expert evidence should be sought on any issue in advance of the mediation, and who should attend the mediation on behalf of each party. The lawyer who is instructed to attend the mediation will also need to prepare thoroughly for it and this will include consideration of the negotiating strategy and tactics they will employ during the mediation.

Book

Cover Concentrate Questions and Answers Evidence
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. Concentrate Q&A Evidence offers expert advice on what to expect from your Evidence exam, how best to prepare and guidance on what examiners are really looking for. Written by experienced examiners, it provides clear commentary with each question and answer and bullet points and diagram answer plans plus tips to make your answer really stand out from the crowd and further reading suggestions at the end of every chapter. The book should help the reader identify typical law exam questions, structure a first-class answer, avoid common mistakes, show the examiner what the reader knows and find relevant further reading. After an introduction, the book covers burden and standard of proof, presumptions, competence and compellability, Special Measures Directions, character evidence, hearsay, confessions, the defendant’s silence, improperly obtained evidence, supporting evidence, identification expert opinion, issues in the course of trial, privilege, public policy and mixed questions. The final chapter gives guidance on assessed coursework. The book is suitable for undergraduate law students taking optional modules in Evidence.

Book

Cover Evidence

Andrew L-T Choo

Andrew Choo’s Evidence provides an account of the core principles of the law of civil and criminal evidence in England and Wales. It also explores the fundamental rationales that underlie the law as a whole. The text explores current debates and draws on different jurisdictions to achieve a mix of critical and thought-provoking analysis. Where appropriate the text draws on comparative material and a variety of socio-legal, empirical, and non-legal material. This (sixth) edition takes account of revisions to the Criminal Procedure Rules, the Criminal Practice Directions, and the Police and Criminal Evidence Act Codes of Practice. It also examines in detail cases on various topics decided since the last edition was completed, or the significance of which has become clear since then, including: • Addlesee v Dentons Europe llp (CA, 2019) (legal professional privilege) • Birmingham City Council v Jones (CA, 2018) (standard of proof) • R v B (E) (CA, 2017) (good character evidence) • R v Brown (Nico) (CA, 2019) (hearsay evidence) • R v C (CA, 2019) (hearsay evidence) • R v Chauhan (CA, 2019) (submissions of ‘no case to answer’) • R v Gabbai (Edward) (CA, 2019) (bad character evidence) • R v Gillings (Keith) (CA, 2019) (bad character evidence) • R v Hampson (Philip) (CA, 2018) (special measures directions) • R v K (M) (CA, 2018) (burden of proof) • R v Kiziltan (CA, 2017) (hearsay evidence) • R v L (T) (CA, 2018) (entrapment) • R v Reynolds (CA, 2019) (summing-up) • R v S (CA, 2016) (hearsay evidence) • R v SJ (CA, 2019) (expert evidence) • R v Smith (Alec) (CA, 2020) (hearsay evidence) • R v Stevens (Jack) (CA, 2020) (presumptions) • R v Townsend (CA, 2020) (expert evidence) • R v Twigg (CA, 2019) (improperly obtained evidence) • R (Jet2.com Ltd) v CAA (CA, 2020) (legal professional privilege) • R (Maughan) v Oxfordshire Senior Coroner (SC, 2020) (standard of proof) • Serious Fraud Office v Eurasian Natural Resources Corpn Ltd (CA, 2018) (legal professional privilege) • Shagang Shipping Co Ltd v HNA Group Co Ltd (SC, 2020) (foundational concepts; improperly obtained evidence) • Stubbs v The Queen (PC, 2020) (identification evidence) • Volaw Trust and Corporate Services Ltd v Office of the Comptroller of Taxes (PC, 2019) (privilege against self-incrimination) • Volcafe Ltd v Cia Sud Americana de Vapores SA (SC, 2018) (burden of proof)

Book

Cover Evidence

Roderick Munday

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.