Admissibility of parts of the Claimant’s expert report.
Held: ‘in so far as this report deals with whether this music was more likely to be composed on a guitar or on a piano, I consider that it is admissible and relevant expert evidence which may well be the subject of a reply. In so far as it expresses what Mr Protheroe was told by the two guitarists, it is not relied on as expert evidence and does not need an expert reply.’
As to Hoyle v Rogers: ‘The ultimate message from that decision is that it is much preferable for the court, rather than picking through expert reports, seeking to excise individual sentences and engaging in an editing exercise, to allow the trial judge to consider the report in its entirety, assuming that it is genuine expert evidence, and to attach such weight as it sees fit at the trial to those passages in the report.’
Judges:
Carr J
Citations:
[2018] EWHC 893 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Rogers and Another v Hoyle QBD 23-May-2013
The claimant’s relative had died in an air accident. They sought damages from the defendant pilot, seeking to rely upon the official report of the Air Accident Investigation Bureau The court was asked as to its admissibility.
Held: It was . .
Cited – Hoyle v Rogers and Another CA 13-Mar-2014
The appellant had been pilot in a private plane which crashed leading to the passenger’s death. He now challenged the admission of an expert’s report, which, he said, went beyond the proper range of such a report.
Held: The report was . .
Lists of cited by and citing cases may be incomplete.
Evidence
Updated: 29 May 2022; Ref: scu.625481
