An embarrassing debacle Background This is a UK case which involved a claim for fraud against various traders at Barclays Bank by the UK Serious Fraud Office (“SFO”). It was alleged the traders rigged the London Inter-Bank Offered Rate (“LIBOR”). They were charged by the SFO and convicted. Relevant at the trial was the […]
Van Oord UK Ltd & Anor v Allseas UK Ltd [2015] EWHC 3074 (TCC) (12 November 2015) The case of the disappearing expert Background This was an English law commercial dispute in relation to laying of gas pipeline. Expert evidence was required on quantum. The claimant’s expert was a Mr L, a quantity surveyor. […]
HG v R [1999] HCA 2 Expert Evidence Founded on Speculation Background This was a criminal case involving sexual offences against a child. A psychologist named Mr M, gave expert evidence on behalf of appellant (defendant). Mr M had experience in counselling emotionally disturbed children, and in dealing with, and counselling, victims of child […]
FGT Custodians Pty Ltd (formerly Feingold Partners Pty Ltd) v Fagenblat [2003] VSCA 33 1 An expert who is not independent? Background This case involved a dispute between two partners in a law firm. A valuation calculation of the goodwill in the partnership was required as part of the dispute. Quantum was circa $375k, although […]
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 of arrangement in company called Pivot. An accountant, Mr W provided an independent expert report to determine if the scheme was fair and reasonable to members. Mr W sought to prepare […]
Fox v Percy [2003] HCA 22Â Expert evidence based on incomplete, subjective and partisan facts Background This case involved a road traffic accident between a motor vehicle and a horse and rider. In issue was which side of the road the various parties were on. Expert witness evidence was called from traffic engineers. A Mr […]
Fortson Pty Ltd V Commonwealth Bank of Australia & Anor [2008] SASC 49 (4 March 2008) Undisclosed Expert Interests #2 – When an Expert Witness is not Entirely Independent This is the second of two cases we will cover specifically looking at the non-disclosure of expert witness interests, expert independence, and the effect of […]
Technomed Ltd & Anor v Bluecrest Health Screening Ltd & Anor [2017] EWHC 2142 (Ch) (24 August 2017) Undisclosed Expert interests #1 – A common interest This case is the first of two cases we will cover specifically looking at the non-disclosure of expert witness interests, expert independence, and the effect of this on expert […]
Re Qantas Airways Limited [2004] ACompT 9 (12 October 2004)Â Expert Advocacy (plus some comments on foreign experts) Background This was a matter heard before the Australian Competition Tribunal related to various arrangements between Qantas and Air New Zealand. It required consideration of the various markets in which the airlines operated and potential anti-competitive effects […]
Wood v R [2012] NSWCCA 21 Evidence of Activism – How Expert Evidence Derailed a Conviction Background This was a criminal case regarding the death of Caroline Byrne who died of an apparent suicide by jumping off a cliff onto rocks at the Gap at Watsons Bay in Sydney. Gordon Wood was driver for controversial […]
