preview

Court Case Analysis

Decent Essays

If there is more than one expert giving opinion evidence, it is very common that those opinions are different. As it takes place in this coursework case. This disagreement may be based on differences in theoretical foundations, analyses of data, different approach to the problem or simply, due to one of the experts manipulating with evidence on behalf of one of the sides. What is more, the complexity of the legal system is very complex and can also fuel this perception. For example, when an expert is not aware of data that has been excluded for legal reasons.(Weinstock and Martinez, 2007) In the case given in this coursework, the expert of the insurance company is trying to persuade, that his recommendations would give better solution. If …show more content…

The two experts were ordered to prepare a joint statement, and it was Mr Wynne Jones's case that Ms Kaney carried out this task negligently in signing a report agreeing that he had not suffered from PTSD and had been deceitful. This was so damaging to his claim that he settled for a significantly lower sum than he might have otherwise been awarded, and led to him issuing proceedings for negligence. A High Court judge struck out Mr Wynne Jones's case, as he was forced by a 2000 Court of Appeal decision that an expert witness was entitled to immunity, and the matter went to a panel of seven Supreme Court justices as a point of general public meaning. Giving their explanations for allowing the appeal, Lord Phillips rejected the argument that expert witnesses would be discouraged from providing their services if they were liable to be sued for breach of duty. "All who provide professional services which involve a duty of care are at risk of being sued for breach of that duty. They customarily insure against that risk."(The Independent, 2011)
Taking everything into account, it can be seen, that the role of the modern expert witness has been changing rapidly over recent years with a depth of understanding and appreciation required of its legal duties. In addition, the expert can have several different roles to play during the case. These roles will often overlap in time and may

Get Access