#ExpertFails
Join us as we take a look at a series of cases highlighting the pitfalls and risks of less-than-optimal expert witness evidence.
We will look at a variety of cases focussing on Australian jurisdictions, with a few other appropriate common-law cases thrown in for good measure. While these case reviews are (hopefully) relatively light-hearted and funny (in a cringeworthy kind of way) they are also very useful as a learning exercise for expert witnesses, parties and legal teams. These cases involve some of the more egregious and unfortunate situations expert witnesses have found themselves in, and are presented so that others can learn from their mistakes.
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An embarrassing debacle
An embarrassing debacleBackground This is a UK case which involved a claim for fraud against various traders at Barclays Bank by the UK Serious...
The case of the disappearing expert
Van Oord UK Ltd & Anor v Allseas UK Ltd [2015] EWHC 3074 (TCC) (12 November 2015) The case of the disappearing expertBackground This was an...
Expert Evidence Founded on Speculation
HG v R [1999] HCA 2 Expert Evidence Founded on SpeculationBackground This was a criminal case involving sexual offences against a child. A...
An expert who is not independent?
FGT Custodians Pty Ltd (formerly Feingold Partners Pty Ltd) v Fagenblat [2003] VSCA 33 1 An expert who is not independent?In this blog we...
Some expert shopping!
Phosphate Co-Operative Co of Australia Pty Ltd v Shears [1989] VicRp 60 Some expert shopping!This case concerned the approval of a company scheme...
Expert evidence based on incomplete, subjective and partisan facts
Fox v Percy [2003] HCA 22 Expert evidence based on incomplete, subjective and partisan factsBackground This case involved a road traffic accident...
Undisclosed Expert Interests #2 – When an Expert Witness is not Entirely Independent
Fortson Pty Ltd V Commonwealth Bank of Australia & Anor [2008] SASC 49 (4 March 2008) Undisclosed Expert Interests #2 – When an Expert Witness is...
Undisclosed Expert interests #1 – A common interest
Technomed Ltd & Anor v Bluecrest Health Screening Ltd & Anor [2017] EWHC 2142 (Ch) (24 August 2017) Undisclosed Expert interests #1 – A common...
Expert Advocacy (plus some comments on foreign experts)
Re Qantas Airways Limited [2004] ACompT 9 (12 October 2004) Expert Advocacy (plus some comments on foreign experts) Background This was a matter...
