Judgment of errors

Murphy, S

Judgment of errors - 2002 - Estates Gazette (0212) 23 March 2002, 130(1) .

Explores the issue of challenging the determination of an expert witness. Provides guidance on challenging an expert as set out in "Toepfer v Continental Grain Co" (1974) and illustrates how "Invensys plc v Automotive Sealing Systems Ltd" (2002) gave the courts a rare opportunity to examine these principles. In "Invensys" the court had to consider what material was examinable in deciding whether a manifest error had arisen and whether a manifest error had actually occurred. Concludes that a court will rarely interfere with an expert's decision, unless there is an obvious manifest error.


EXPERT WITNESSES
TOEPFER V CONTINENTAL GRAIN CO
NVENSYS PLC V AUTOMOTIVE SEALING SYSTEMS LTD
EXPERT DETERMINATION