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Admissibility of Expert Evidence - Malcolm Simmons

Experts can and often do give evidence of fact as well as opinion evidence. An expert witness, like any non-expert witness, can give evidence of what he or she has observed if it is relevant to a fact in issue.
Unlike other witnesses, an expert witness may also give evidence based on his or her knowledge and experience of a subject matter, drawing on the work of others, such as the findings of published research or the pooled knowledge of a team of people with whom he or she works. Such evidence also gives rise to threshold questions of admissibility, and the special rules that govern the admissibility of expert opinion evidence also cover such expert evidence of fact. There are many examples of a expert witnesses giving evidence of fact of that nature. For example, when an engineer describes how a machine is configured and works or how a motorway is built, he is giving expert evidence of factual matters, in which he or she draws on knowledge that is not derived solely from personal o…

Admissibility of Expert Evidence Workshop Presented by Malcolm Simmons

Admissibility of Expert Evidence Workshop Presented by Malcolm Simmons London & Belgrade October 2018
What delegates said about Malcolm Simmons?
“An extremely informative training delivered by a very knowledgeable trainer” Circuit Judge, England “A leader in judicial training”                                                 District Court Judge, Serbia                 “An excellent training that was extremely informative”                                                 High Court Judge, Serbia
The role of the expert is to assist the court make its decision. English textbooks often quote the succinct statement on the function of expert witnesses that Lord President Cooper gave in the Scottish case of Davie v Magistrates of Edinburgh, where he said:
“Their duty is to furnish the judge with the necessary scientific criteria for testing the accuracy of their conclusions, so as to enable the judge or jury to form their own independent judgment by the application of these criteria to the facts pr…

Judge Malcolm Simmons Admissibility of Expert Evidence Workshop

Judge Malcolm Simmons
“A leader in judicial training”
District Court Judge, Serbia
“An excellent training that was extremely informative”
High Court Judge, Serbia
Judge Malcolm Simmons gave an excellent presentation of the use of expert evidence in criminal proceedings.  His presentation took delegates through UK case law and relevant ECtHR judgments.  In particular, Judge Malcolm Simmons looked at the Privy Council decisions in Pora v The Queen [2015] and Myers, Brangman.  He also considered Kennedy v Cordia (Services) LLP [2016] and the case law to which the UK Supreme Court referred.

Of particular interest was his analysis of ECtHR decisions including Ivanovski v Macedonia [2014], Korosec v. Slovenia [2015], Letincic v Croatia [2016], J. M. and Others v Austria [2017] and Devinar v Slovenia [2018].

Judge Malcolm Simmons Announces Verdict

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Judge Malcolm Simmons announces verdict in ‘Passport Case’.



Natali Velija and Fisnik Blakaj have been found guilty on organised crime and money laundering charges. Natali Velija has been sentenced to 12 years in prison, whereas Fisnik Blakaj to 11 years in prison and imposed a fine of €25,000.