The Judicial Assessment of Expert Evidence

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Non-epistemological factors in determining the role of the expert 4.

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Assessing expert evidence in the English civil courts: the sixteenth to twentieth centuries 5. Assessing expert evidence in the English civil courts today 6.


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Justice systems increasingly rely on expert evidence.

Legal Nuts And Bolts: Expert Witnesses

We are therefore obliged to justify the courts' ability to assess this evidence, especially when the courts must resolve disagreements between experts or address possible bias. By reintegrating contemporary evidence theory with applied philosophy, Deirdre Dwyer analyses the epistemological basis for the judicial assessment of expert evidence.

Judicial assessment expert evidence

Reintegrating evidence with procedure, she also examines how we might arrange our legal processes in order to support our epistemological and non-epistemological expectations. Including analysis of the judicial assessment of expert evidence in civil litigation comparing practice in England and Wales with that in the United States, France, Germany and Italy , the book also provides the first detailed account of the historical development of English civil expert evidence and the first analysis of the use of party experts, single joint experts and assessors under the Civil Procedure Rules.

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Add to Wishlist. Further, the CMA had particular expertise in evaluative assessment of economic evidence. In review proceedings, the well-established approach was that a substantial degree of discretion or significant margin of appreciation was allowed in relation to expert assessments made by the CMA. The CMA was rightly resistant to attempts to convert its review jurisdiction into something resembling an appeal on the merits.

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The Tribunal was also well equipped to assess the relevant factual matters in a s. It was a body with technical expertise and the sort of situation in which technical assistance was required was not likely to be common. The Tribunal held that, in this case, there was nothing about the expert report which led to the conclusion that it would be assisted by its admission or that the just determination of the case required it. Moreover, several matters pointed strongly against its admission.