Expert Evidence: Law and Practice, 4th Edition

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Expert Evidence: Law and Practice, 4th Edition by Tristram Hodgkinson and Mark James

Author Tristram Hodgkinson and Mark James
Publication Date 2015
ISBN 9788193319628
Publisher Sweet & Maxwell

Much has changed in the five years since the third edition was published. Jones v Kaney [2011] UKSC 13; [2011] 2 A.C. 398, the Supreme Court struck away expert protection from litigation by the party directing them. As a result, Chapter 14 has been completely rewritten. The Law Commission issued its report "Expert Evidence in Criminal Proceedings in England and Wales" (No. 325) the same year. Its main proposal was that expert opinion evidence be put on a statutory basis in criminal courts, and that it should be accepted "only if it is sufficiently trustworthy to be permitted." This was meant to imply that expert opinion must be "soundly established," and that "the strength of the view is justifiable in light of the grounds on which it is founded." When evaluating the trustworthiness of expert opinion evidence, the Law Commission advised that courts use a legislative checklist.

TABLE OF CONTENTS of Expert Evidence: Law and Practice

Part A : Introduction — The Principles and Development of Export Evidence
1.    Introduction
2.    Non-Opinion Expert Evidence
3.    Reliability
Part B : Pre-Trial Practice and Procedure
4.    Pre-Trial Procedure
5.    Single Joint Experts, Assessors and Experts Appointed by the Court
6.    Bias
7.    Privilege and Confidentiality
Part C : Evidence at Trial
8.    The Expert Witness at Trial
9.    The Form and Content of Expert Evidence
10.  Experts and Hearsay Evidence
11.   Evidence Produced by Machines, Devices and Other Apparatus
12.  The Evidential Value of Expert Evidence
13.  Costs and Fees
14.  Immunity
Part D : Methods of Proof
15.  Psychological and Psychiatric Evidence
16.  The Valuation of Land and Buildings
17.  Forensic Sciences and Techniques
18.  Actuarial, Accountancy and Market Research: Evidence with a Mathematical Element
19.  Proof of Foreign Law
Part E : Specific Tribunals
20.  Tribunals not Governed by the Strict Rules of Evidence
21.  Specific Commercial Jurisdiction
Part F : Fields of Litigation
22.  Court of Protection
23.  Medical Reports in Personal Injury Cases
24.  Construction Claim
25.  Intellectual Property
26.  Criminal Sentencing
27.  Drink/Driving Offences
28.  Obscenity
29.  Matrimonial and Other Proceedings Involving Children

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