A properly qualified expert is entitled to rely on what might otherwise be considered as hearsay, that is to say findings by other experts in the same field in support of an opinion on any given set of facts. ‘In the context of evidence given by experts it is no more than a statement of the obvious that, in reaching their conclusion, they must be entitled to draw on material produced by others in the field in which their expertise lie.’ and ‘Once the primary facts on which their opinion is based have been proved by admissible evidence, they are entitled to draw on the work of others as part of the process of arriving at their conclusion. However, where they have done so, they should refer to this material in their evidence so that the cogency and probative value of their conclusion can be tested and evaluated by reference to it.’
Kerr LJ
[1983] 1 All ER 364, [1983] 1 WLR 126, [1982] 76 Cr App R 48
England and Wales
Cited by:
Cited – London Borough of Southwark v Venette Simpson Admn 3-Nov-1998
It was not necessary for environmental health officers to possess medical qualifications to express opinion as to whether or not premises were prejudicial to health as defined by section 79(1)(a) of the Act. The council appealed a finding that . .
Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Cited – Regina v Weller CACD 4-Mar-2010
The defendant appealed against his convictions for sexual offences, based in part on DNA evidence. He said that the court had not properly applied the rules when considering DNA cases and that there was now additional evidence as to the possibility . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.185099