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Expert Evidence: Law and Practice 4th edition [Kietas viršelis]

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  • Formatas: Hardback, 864 pages
  • Išleidimo metai: 12-Dec-2014
  • Leidėjas: Sweet & Maxwell
  • ISBN-10: 0414034279
  • ISBN-13: 9780414034273
Kitos knygos pagal šią temą:
Expert Evidence: Law and Practice 4th editionDidesnis paveikslėlis
  • Formatas: Hardback, 864 pages
  • Išleidimo metai: 12-Dec-2014
  • Leidėjas: Sweet & Maxwell
  • ISBN-10: 0414034279
  • ISBN-13: 9780414034273
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9780414034273.html
Expert Evidence: Law and Practice is a comprehensive survey of the law, practice and procedure relating to the admission of expert evidence in courts, tribunals, official enquiries and other proceedings (including arbitration). It gives detailed guidance to those involved in the pre-trial preparation of expert evidence or the presentation or questioning of it in court. This new edition incorporates the continuing impact of the new approach towards expert evidence introduced by the Civil Procedure Rules and Criminal Procedure Rules. It also explains the implications of important recent case law. Covers expert evidence in both civil and criminal proceedings Sets out general principles and deals with their application in specific contexts provides guidance for pre-trial preparation of expert evidence, including issues such as bias, privilege and confidentiality Deals with every aspect of the expert witness in court Goes through methods of cross-examining experts Considers methods of proof, dealing with psychiatric evidence, land and building valuation, forensic sciences, actuarial, accounting and market research evidence, and evidence with a mathmatical element Discusses the rules that apply in specific fields of litigation, such as medical reports in personal injury cases, patents, construction claims, proceedings involving children and drink driving cases Looks at tribunals not covered by the strict rules of evidence Quotes in full all important statutory provisions and rules of the court
Preface to the Fourth Edition vii
Foreword to the Second Edition ix
Foreword to the First Edition xi
Preface to the First Edition xiii
Table of Cases
xxix
Table of Statutes
lxxxix
Table of Statutory Instruments
xcvii
Table of Foreign Legislation
cv
Part A INTRODUCTION---THE PRINCIPLES AND DEVELOPMENT OF EXPERT EVIDENCE
1 Introduction
A The Law of Evidence and Expert Evidence
1 A positive body of rules
1(2)
2 Relevance and probative value
3(5)
B The Development of Expert Evidence
8(4)
1 Expert knowledge in the medieval courts
9(1)
2 The growth of witness evidence: Fact and opinion
10(1)
3 The foundations of the modern law of expert evidence
11(1)
C The Nature of Expert Evidence
1 The categories of expert evidence
12(1)
2 Admissibility
13(1)
(i) The first limb
14(9)
(ii) The second limb: Whether the subject matter of the opinion forms part of a body of knowledge or experience which is sufficiently organised or recognised to be accepted as a reliable body of knowledge or experience, a special acquaintance with which by the witness would render his opinion of assistance to the court
23(4)
(iii) The third limb: Has the witness acquired by study or experience sufficient knowledge of the subject to render his opinion of value in resolving the issues before the court?
27(6)
3 The contradiction within expert evidence
33(1)
4 Legal method and scientific method
34(1)
D The Limits of Expert Evidence
1 Fact and opinion
35(1)
2 Non-expert opinion evidence
36(11)
3 Judicial notice
47(1)
4 Reliable sources of indisputable accuracy
48(8)
E Specialist or Personal Knowledge Possessed by the Tribunal
56
1 Lay tribunals
57(1)
2 Judges
58(1)
3 Specialist tribunals
59(1)
4 The judge as specialist tribunal
60
2 Non-Opinion Expert Evidence
1(1)
A Evidence to Explain Technical Subjects or the Meaning of Technical Words
2(1)
B Evidence of Fact Requiring Expertise for its Observation, Comprehension or Description
3(1)
C Evidence of Fact that does not Require Expertise for its Observation, Comprehension or Description but which is a Necessary Preliminary to the Giving of Evidence in the Other Four Categories
4(2)
D The Overlap between the Categories of Expert Evidence
6(3)
E Importance of the Distinction between Expert and Non-expert Evidence of Fact
9
3 Reliability
1(1)
Part B PRE-TRIAL PRACTICE AND PROCEDURE
4 Pre-Trial Procedure
A Civil Cases
1 Pre-action protocols
1(3)
2 Pre-action disclosure
4(1)
3 Preservation, inspection etc. and tests of subject matter of proceedings
5(3)
4 Court procedure after the issue of proceedings
(a) Overview
8(3)
(b) Opinion evidence outside CPR Pt 35
11(1)
(c) Allocation to track
11(6)
(d) General issues that may arise on the multi-track and on the fast track
17(15)
5 Power to direct a party to provide information
32(2)
6 Procedure at trial
34(1)
B Criminal Proceedings
1 Procedure prior to the commencement of proceedings
35(1)
(a) Property relevant to criminal procedures
36(1)
(b) Automatic recordings
37(1)
(c) Plans
38(1)
(d) Medical and other personal examinations
39(1)
2 Pre-trial court proceedings
(a) Overview
40(1)
(b) Expert's duty to the court
41(1)
(c) Disclosure of documents, chattels and other materials
42(4)
(d) Disclosure of expert evidence
46(5)
(e) Single joint experts
51(1)
(f) Questions to experts
52(1)
(g) Discussion between experts
53(2)
(h) "Expert shopping"
55(1)
(i) Expert's application for directions
56(1)
3 Procedure at trial
57
5 Single Joint Experts, Assessors and Experts Appointed by the Court
1(1)
A Single Joint Experts
2(11)
B Assessors
13(9)
C Referees
22(1)
D Court Appointed Experts
23(1)
E Experts Regularly Appointed by the Courts for Specific Purposes
24
1 Interpreters
25(1)
2 Shorthand writers
26(1)
3 Experts as office holders
27
6 Bias
1(1)
A The Rule against Bias and its Justification
2(11)
B Situations That May Give Rise to Bias
13
7 Privilege and Confidentiality
1(1)
A Legal Professional Privilege
2(21)
1 Legal advice privilege
3(2)
2 Litigation privilege
5(4)
3 Waiver of privilege
9(2)
(a) Express waiver
11(10)
4 Where legal professional privilege does not arise
(a) Fraud
21(1)
(b) Experts' reports in non-adversarial litigation
22(1)
B Privilege against Self-incrimination
23(2)
C "Without Prejudice" Communications
25(2)
D Public Interest Immunity
27(2)
E Professional Confidences of Expert Witnesses
1 The principal rule
29(9)
2 Statutory exceptions
38(1)
3 Alternative methods of preserving confidentiality
39(1)
4 Remedies for breach of confidence
40
Part C EVIDENCE AT TRIAL
8 The Expert Witness at Trial
A Pre-trial Disclosure and Permission to Adduce Expert Evidence
1(1)
B Competence and Compellability
1 Competence
2(1)
2 Compellability
3(5)
C The Calling of Expert Witnesses
8(3)
D Examination in Chief
1 Establishing the expert's qualifications
11(1)
2 Adducing the expert's report
12(2)
3 Refreshing memory
14(1)
4 Hostile witness
15(1)
E Cross-examination
1 Disputed evidence must be challenged
16(1)
2 The tribunal's role
17(1)
3 Credit
18(1)
F Evidence after Close of Case
1 Civil
19(1)
2 Criminal
20(1)
G Evidence after Trial
1 Civil
21(2)
2 Criminal
23
9 The Form and Content of Expert Evidence
A Introduction
1(1)
B The Form of the Expert's Report
2(12)
C The Form and Substance of the Expert's Oral Testimony
14(13)
1 Facts in issue
15(3)
2 Formation and use of the opinion
18(3)
3 Standards of professional conduct
21(4)
4 Opinion concerning group reactions
25(1)
5 Non-professional standards
26(1)
D Hypothetical Questions
27(2)
E Questions on an Ultimate Issue
29(4)
1 Civil proceedings: statute
30(1)
2 Criminal proceedings
31(2)
F "Ultimate" Issues on which Expert Evidence may not be Given
33
1 Law
34(1)
2 Human nature
35(1)
3 Lay standards
36(1)
4 Credibility of witnesses
37(2)
5 Credibility of a party to the proceedings
39(1)
6 Probability
40(1)
7 Professional negligence
41(1)
8 The meaning of words (general)
42
10 Experts and Hearsay Evidence
A Hearsay at Common Law
1(6)
1 Statements used as circumstantial evidence of identity or origin
3(1)
2 Implied assertions
4(1)
3 Negative assertions
5(1)
4 Evidence produced otherwise than by humans
6(1)
B Statutory Hearsay in Criminal Proceedings
1 Overview
7(1)
2 Statutory criminal hearsay defined
8(3)
3 The discretion to admit hearsay statements
11(3)
4 Business documents and other documents of a similar type
14(1)
5 Statements made preparatory to an expert's opinion
15(1)
C Hearsay in Civil Proceedings
1 Statutory definition of hearsay
16(1)
2 Statements preparatory to an expert's opinion and statements in business records
17(2)
D The Public Documents Exception (in both criminal and civil cases)
19(6)
E Experts and Hearsay Evidence of Fact in both Criminal and Civil Cases
1 Introduction
25(1)
2 Facts in issue
26(9)
3 Fact extrinsic to the proceedings: comparison
35(2)
4 Extrinsic facts as part of the expert's "mental equipment"
37(1)
5 Information extrinsic to the proceedings
38(3)
6 Extrinsic materials specifically cited
41(7)
(c) Drawing conclusions about the issues in the case
48(5)
F Adducing Hearsay Evidence of an Expert at Common Law
1 Civil cases
53(1)
2 Criminal cases
54(3)
G Hearsay Evidence Admissible by Statute
57
11 Evidence Produced by Machines, Devices and Other Apparatus
1(1)
A Evidence Produced by Machines without the Intervention of the Human Mind at Common Law
3(1)
B Evidence Produced by Machines with the Intervention of the Human Mind at Common Law
4(3)
C Statutory Intervention in the Criminal Field
7(1)
D The Reliability of a Machine, Device or Apparatus (Civil and Criminal Cases)
8
12 The Evidential Value of Expert Evidence
A Burden and Standard of Proof
1 Burden of proof
1(2)
2 Standard of proof
3(1)
B Weight
1 Admissibility and weight
4(1)
2 Conflicting expert evidence
5(3)
3 Opinion and fact
8(5)
4 Weight on appeal
13
13 Costs and Fees
A Liabilty of the Solicitor/Client to Pay the Expert's Fee
1(9)
B The Recovery of the Expert's Fees between the Parties (Civil Proceedings)
10(18)
1 The reasonableness of instructing an expert
13(8)
2 Expert's fees recoverable as damages
21(2)
3 Pre-trial considerations
23(1)
4 Considerations at trial
24(1)
5 The expert's qualifying fees and allowances
25(1)
6 Expert's fees when the court sits with, or appoints, an assessor
26(1)
7 Arbitrations
27(1)
C Criminal Proceedings
28(1)
D Costs Orders Against Experts
29(1)
E Costs Orders Caused by Experts
30(1)
F Costs Orders in Favour of Experts
31
14 Immunity
1(1)
A Claims by the Expert's Former Client
2(8)
B Claims Brought by the Opposing Party/Third Parties
10(6)
C Other Remedies
16
Part D METHODS OF PROOF
15 Psychological and Psychiatric Evidence
1(1)
A Criminal Proceedings: State of Mind of the Accused
1 State of mind at time of offence
2(3)
2 Accused's state of mind at time of a confession
5(1)
3 Low intelligence
6(1)
B Evidence of Good Character of Accused
7(2)
C Bad Character of the Accused
9(2)
D Criminal Proceedings: Witness Reliability
1 Psychiatric/psychological evidence as to witness unreliability
11(5)
2 Normal witness psychology
16(1)
3 Ancillary scientific techniques
17(4)
E Civil Proceedings: Sanity
21(1)
F General Matters of Admissibility
22(2)
G The Duty to Call Expert Evidence
24(2)
H Assessment of Psychological and Psychiatric Evidence
26
16 The Valuation of Land and Buildings
1(1)
A Admissibility
1 Relevant considerations
2(2)
2 Comparables
4(4)
B Weight
1 Method of valuation
8(1)
2 The tribunal's own experience
9(2)
C Upper Tribunal (Lands Chamber)
1 Pre-hearing procedure
11(5)
2 Admissibility and weight of evidence
16
17 Forensic Sciences and Techniques
A Criminal Investigation and Proof
1(13)
1 Fingerprints
3(3)
2 DNA
6(2)
3 Facial mapping
8(2)
4 Voice identification
10(1)
5 Tracker dogs
11(1)
6 Other admissible forensic science evidence
12(1)
7 New forensic techniques
13(1)
B Handwriting
14(10)
C Scientific Tests of Parentage in Civil Proceedings
24
1 Procedure
25(1)
2 The court's discretion
26(4)
3 Standard of proof
30
18 Actuarial, Accountancy and Market Research: Evidence with a Mathematical Element
A Actuarial Evidence
1(4)
B Accountancy
5(3)
C Market Research Interviews
8
19 Proof of Foreign Law
1(1)
A Proving Foreign Law by Expert Evidence
1 The function of the expert witness
2(1)
2 Competence of expert witness
3(8)
3 Form and content of foreign law
11(3)
4 Evidence experts may give as to questions of foreign law
14(8)
B Exceptions to the Requirement for Expert Evidence
1 Miscellaneous statutes
22(1)
2 Previous decisions in English courts
23(2)
C Criminal Cases
25
Part E SPECIFIC TRIBUNALS
20 Tribunals not Governed by the Strict Rules of Evidence
A Statutory Tribunals and Inquiries
1(1)
B Employment Tribunal
2(17)
1 Equal value claims
10(5)
2 Disability discrimination claims
15(4)
C Planning Inquiries
19(11)
1 Written representation procedure
20(1)
2 Hearings procedure
21(1)
3 Public inquiries (transferred cases)
22(7)
4 Public inquiries (non-transferred cases)
29(1)
D Coroner's Court
30(4)
1 Admissible expert evidence
31(2)
2 Procedure and practice
33(1)
E Arbitrations
34
21 Specific Commercial Jurisdictions
A The Competition Appeal Tribunal
1(8)
B Admiralty Proceedings
9(5)
C The Commercial Court
14
Part F FIELDS OF LITIGATION
22 Court of Protection
A Jurisdiction of the Court Of Protection
1(7)
B Practice and Procedure
8(6)
C Experts in the Court of Protection
14
23 Medical Reports in Personal Injury Cases
A Disclosure of Medical Evidence
1(1)
B Preparation of Medical Reports
2(10)
1 Enforcing the co-operation of the party to be medically examined
3(2)
2 Conditional agreement to examination for litigation advantage
5(1)
3 Conditional agreement to examination: own doctor to be present
6(1)
4 Conditional agreement to examination: Different doctor
7(2)
5 Medical tests during examination
9(1)
6 Joint examinations
10(1)
7 Ethical duty of examining doctor
11(1)
C Contents of Medical Reports
12(3)
D Agreeing Medical Reports
1 Lodging reports
15(1)
2 Agreed reports must agree
16(1)
3 Oral evidence by the expert
17(4)
4 Oral evidence by the claimant
21(1)
5 Claimant's condition or prognosis changes before trial
22(1)
6 Judge departs from agreed medical reports
23(1)
E Disclosure of Medical Records
24
24 Construction Claims
1(1)
A Technology and Construction Court Claims
2(8)
B Arbitration
10(4)
C Adjudication
14(1)
D Experts' Fees: Costs or Damages?
15(3)
E Admissibility and Weight
1 Admissibility
18(2)
2 Weight
20(1)
3 Expert evidence as to negligence
21(5)
4 Expert evidence as to contractual obligations
26
25 Intellectual Property
1(1)
A Pre-trial Procedure
2(9)
1 Inspection
3(3)
2 Experiments
6(3)
3 Directions as to expert evidence
9(1)
4 Court experts
10(1)
B Role of the Expert Witness
11(4)
C Admissibility
15
1 Meaning of specification
16(2)
2 Obviousness and the question of common general knowledge
18(4)
3 Copyright
22(1)
4 Scientific background material
23
26 Criminal Sentencing
A Pre-sentence Reports
1(11)
1 Obtaining the pre-sentence report
2(3)
2 Content of the pre-sentence report
5(4)
3 Use of the report
9(3)
B Medical Reports
12
1 The Mental Health Act 1983
13(6)
2 Public protection from dangerous offenders
19
27 Drink/Driving Offences
A The Use of Expert Evidence
1(6)
1 The need for expert evidence and its admissibility
2(2)
2 Weight
4(3)
B Breath Samples
7(5)
C Blood Samples
12(8)
D Back-calculation
20(9)
1 Admissibility
21(5)
2 Limits to reliance upon back-calculation
26(3)
E Procedure
29
28 Obscenity
A General
1(1)
B Admissibility
1 Expert evidence generally not admissible on issue of obscenity
2(1)
2 Expert evidence admissible on effect of publication on the mind of a likely reader where the class of likely reader is outside the knowledge and experience of the jury
3(1)
3 Expert evidence admissible as to whether a publication is in the interests of science, etc
4(2)
4 Expert evidence admissible as to the literary, artistic, scientific or other merits of an article but not on issue of public good
6
29 Matrimonial and Other Proceedings Involving Children
A Introduction
1(5)
B The Children's Guardian
6(10)
C Children and Family Reporter/Welfare Officer ("CFR/WO")
16(6)
D The Official Solicitor
22(1)
E Independent Social Workers ("ISW")
23(3)
F The Duties of the Expert Witness and Those Instructing Him
26(8)
G Case Management
34(9)
H The Trial
43(7)
I General Evidential Matters
1 Hearsay
50(1)
2 Privilege
51(1)
3 Confidentiality
52(599)
Appendices 651(60)
Index 711