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Judicial review: what’s admissible?

26 November 2021 / Nicholas Dobson
Issue: 7958 / Categories: Features , Judicial review
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Nicholas Dobson examines expert opinion evidence in judicial review proceedings
  • In judicial review proceedings, it is seldom necessary or appropriate to consider any evidence beyond the material before the decision-maker at the time of the decision and evidence of the process by which the decision was taken.

The Oxford English Dictionary tells us that an expert is a: ‘person regarded or consulted as an authority on account of special skill, training, or knowledge; a specialist’. However, former prime minister, Lord Salisbury (1830–1903) had a more jaundiced view: ‘You never should trust experts’, he wrote. For if: ‘you believe the doctors, nothing is wholesome: if you believe the theologians, nothing is innocent: if you believe the soldiers, nothing is safe.’ There does, nevertheless, remain widespread public trust in expert opinion; much more so than in politicians. Relying on this, government ministers have often claimed to be ‘following the science’ on COVID.

But what of expert witnesses in court proceedings? Rule 35.2 of the Civil Procedure Rules (CPR) states that a ‘reference to

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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