The New Criteria for Expert Evidence in British Courts - Case Law, Statutory Rules and a Negligence Case Study

PEOPLE: International Journal of Social Sciences, 4 (3), pp. 458-473, 2018

16 Pages Posted: 14 Feb 2019

See all articles by Paul Eisenberg

Paul Eisenberg

University of Derby; University of Portsmouth

Date Written: November 23, 2018

Abstract

This work aims to analyse the legislation proposed by The Law Commission in Great Britain in order to establish statutory criteria for expert evidence in court. The proposal is assessed against the amendment of the Criminal Procedure Rules (CPR) initiated by The Government. From this comparison implications for expert witnesses are derived. For illustrative purposes, the case study of fictitious divorce proceedings of Peter Morgan is dealt with. The study shows legal remedies available to a party against its expert witness in negligence cases. Methodologically, expert evidence admissibility criteria are discussed on the background of common law rules and the Criminal Procedure Rules (2015). Legal academic literature is consulted to enrich the argument. The findings show that the Criminal Procedure Rules (2015) are rooted in settled case law, albeit stressing expertise enhancement and professional qualifications. The discussion of the Peter Morgan case study provides for a legal route for negligence claims based on the case law of Jones v Kaney. The originality of this work is based upon a thorough analysis of case law and legal writings, with the focus on newly introduced Criminal Procedure Rules and recent landmark cases.

Keywords: Expert Witness, Expert Evidence, Expert Admissibility, Criminal Procedure Rules, Negligence, Case Study

JEL Classification: K12, K13, K14, K15, K40, K41

Suggested Citation

Eisenberg, Paul, The New Criteria for Expert Evidence in British Courts - Case Law, Statutory Rules and a Negligence Case Study (November 23, 2018). PEOPLE: International Journal of Social Sciences, 4 (3), pp. 458-473, 2018, Available at SSRN: https://ssrn.com/abstract=3324288 or http://dx.doi.org/10.2139/ssrn.3324288

Paul Eisenberg (Contact Author)

University of Derby ( email )

Kedleston Road
Derby, Derbyshire DE22 1GB
United Kingdom

University of Portsmouth ( email )

University House
Winston Churchhill Avenue
Portsmouth, Hampshire PO1 2UP
United Kingdom

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