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22 November 2007 / B Mahendra
Issue: 7298 / Categories: Features , Expert Witness
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EXPERT WITNESSes AND FACTS >>
STAFF PROTECTION >>
WITNESS INCAPACITY >>

FACTS, OPINIONS AND BIAS

An expert witness needs to work from a factual matrix. Without facts of some kind, an opinion is not feasible; but in litigation difficulty sometimes arises when the facts themselves are in dispute and the tribunal of fact has not yet spoken—it may be awaiting the expert’s opinion to help it find its voice. How is the expert to proceed in these circumstances?

It is in child care proceedings that an expert usually finds himself in difficulty on account of not knowing which version of the facts is true. Allegations of domestic violence and the abuse of children are especially pregnant with disputed facts.

There may be available strategies which assist in bypassing this problem. A parent could deny violence but there could be convictions in his past which may be able to furnish conclusive proof of a tendency to violence as proved to a court’s satisfaction. Even a charge of an offence may indicate that the prosecuting authority had

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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
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