Practice

Expert evidence expert witness having close relationship with litigant evidence not inadmissibleLiverpool Roman Catholic Archdiocesan Trustees Inc v Goldberg: ChD (Mr Justice Neuberger): 2 March 2001The defendant intended to call as an expert witness a barrister with whom he had had a long-standing personal and professional relationship.

The claimant contended that the expert could not be independent and applied to have his evidence excluded on the grounds of inadmissibility.Michael Briggs QC and Giles Goodfellow (instructed by McCormicks, Leeds) for the claimant.

Andrew Simmonds QC and David Owen (instructed by Linklaters & Alliance) for the defendant.Held, making no order, that although the trial judge might treat the expert evidence with caution, the fact that an expert had had a close personal and professional relationship with the defendant did not mean as a matter of law or fact that he was incapable of giving independent evidence; that the contention that the expert was not independent confused the concept of lack of independence with the propensity or features that might give rise to lack of independence, but; that for other reasons it was appropriate to make no order and allow the trial judge to decide whether the evidence was admissible.