Expert Evidence: Law and Practice, 5th Edition


Expert Evidence: Law and Practice, 5th Edition

Author Tristram Hodgkinson, Mark James
Publication Date April 2020
ISBN 9780414074330
Format Hardcover
Publisher Sweet & Maxwell


A thorough explanation of the law, practise, and procedure governing the use of experts in trials, hearings, investigations, and other proceedings, including arbitration. It provides in-depth instructions to anyone involved in gathering expert testimony prior to a trial, presenting it in court, or interrogating witnesses about it.

  • includes expert testimony in both civil and criminal cases
  • outlines broad ideas and discusses how to apply them in particular situations.
  • includes arbitration, official inquiries, and courts and tribunals
  • gives instructions on how to prepare expert testimony for trial, taking into account concerns including prejudice, privilege, and confidentiality.
  • explains the circumstances in which expert testimony may be utilised and how to cross-examine experts in court
  • examines the structure and content of expert testimony, including that generated by tools, equipment, and other gear
  • Examines several forms of evidence, including those involving psychology and psychiatry, land and building valuation, forensic sciences and procedures, actuarial, accounting, and market research, evidence that has a mathematical component, and evidence of foreign law.
  • handles several types of litigation on an individual basis, including marital and other actions involving children, construction claims, intellectual property, criminal sentencing, drink-driving crimes, and personal injury cases.
  • Contains all significant legislation sections, norms, and case extracts that are pertinent.
  • compares it to a number of other common law countries, such as Scotland, Canada, the United States, Australia, New Zealand, and Ireland
  • includes information on recent developments, such as guidance on the use and admissibility of expert evidence in civil cases, guidance on instructing experts to testify in civil claims, a practise direction providing guidance to judges on the admissibility and weight to be given to expert evidence in criminal cases, and a new interpretation of the CPR r. 35.1 test for the admissibility of expert evidence.

    Contents of Expert Evidence: Law and Practice, 5th Edition:

    Part A: Introduction – The principles and development of expert evidence
    1. Introduction
    2. Non-opinion expert evidence
    3. Novel scientific ideas and techniques: the twilight zone

    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 jurisdictions

    Part F: Fields of litigation
    22. Medical reports in personal injury cases
    23. Construction claims
    24. Intellectual property
    25. Criminal sentencing
    26. Drink/Driving offences
    27. Obscenity
    28. Matrimonial and other proceedings involving children

    Part G: Expert evidence: The future
    29. The future


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