Showing posts from January, 2019

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…