header-logo header-logo

04 June 2021 / Dr Chris Pamplin
Issue: 7935 / Categories: Features
printer mail-detail

Disregarding expert evidence: what's a reasonable rejection?

50428
Judges need to be on firm ground when disregarding good & persuasive expert evidence, as Dr Chris Pamplin explains
  • Fact finding commences with the taking of evidence of reliable, contemporaneous documents.
  • Proper and appropriate weight should be given to expert evidence.

It is reasonable to expect that where expert evidence is given by a well-qualified expert in an established field, the court would need very good reasons to disregard it. But to what extent is this required and how far should the judge go in giving reasonable grounds for disregarding what is, prima facie, good and persuasive expert evidence?

In Brunt v Wrangle [2021] 1 WLUK 332, Mr Justice Green heard the appeal of two appellants in probate proceedings. These were the mother and brother of a deceased person who had originally been granted letters of administration on the basis that the deceased had died intestate. Some ten years after the grant, an uncle of the deceased, supported by the deceased’s sister, had come forward with a document purporting

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll