JUDICIAL ASSESSMENT OF EXPERT EVIDENCE: NOT SIMPLY A CASE OF WHICH EXPERT IS PREFERRED

Civil Litigation Brief

There is a short passage in the judgment in Barclays Bank PLC -v- Christie Owen & Davies Limited [2016] EWHC 2351 (Ch) which considers the appropriate approach of the court when considering expert evidence.

“To consider simply whether to prefer one expert over the other is not the correct approach. The Court should make a judgment as to the expert witnesses, the weight to be placed on different aspects of their evidence and the assistance to be derived from it, and then reach its own conclusion…”

THE CASE

Richard Spearman QC (sitting as a Judge of the High Court) was considering a  case of alleged negligence on the part of a valuer.  The two experts on valuation in the case differed in their approach.

THE APPROPRIATE APPROACH OF THE COURT

“The correct approach for the Court
  1. In her closing submissions, Ms Mirchandani identified the primary task for the Court as…

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