Q&As

What options are available when a judge reaches a different conclusion to the expert evidence?

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Published on LexisPSL on 17/12/2013

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What options are available when a judge reaches a different conclusion to the expert evidence?

What options are available when a judge reaches a different conclusion to the expert evidence?

There are a number of options open to the parties and these were considered by the Court of Appeal in Faunch, a decision reached since the introduction of the Jackson reforms. The case involved a Recorder who, having heard the expert evidence for both parties, hypothesised an additional scenario not considered by the appointed experts or discussed with the witnesses and based his finding of liability on the basis of that hypothesis.

If faced with such circumstances there are a number of options available depending on whether the court discusses its approach with the parties or not. Consider the following:

  1. the judge fails to indicate to the parties an intention to conclude the court's liability findings on the basis of that

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