The Courts have recently issued a further warning as to the misuse of expert evidence in litigation.
In Pride Valley Foods -v- Hall & Partners (Contract Management) Limited, both parties had called expert evidence concerning the performance of the Defendant as Project Manager for a construction project.
In giving judgment in the Technology and Construction Court on 4th May 2000, Judge John Toulmin CMG QC doubted whether it would ever be possible to accept expert opinion evidence as to the duties of a project manager, as he found that there was no recognisable profession of Project Managers.
Of more general importance, Judge Toulmin also reminded the parties of the matters on which expert evidence is admissible. Evidence as to the legal test which is to be applied in any particular case is inadmissible, but evidence as to whether that test has been met may be admissible if it is not just opinion as to what the expert himself would have done in similar circumstances.
Here, Judge Toulmin found that much of the expert evidence which had been presented was inadmissible. For example, questions as to whether any of the parties had been negligent should never have been put to the experts. As a result, Judge Toulmin rejected the expert evidence which had been provided as being of little or no assistance.
For further information on on this case please contact Victoria Peckett in the Construction Disputes practice on (+44) (0)20 7367 3000 or e-mail victoria.peckett@cms-cmck.com
