Moylett v Geldof & Anor [2018] EWHC 893 (Ch) (14 March 2018)

Moylett v Geldof & Anor [2018] EWHC 893 (Ch) (14 March 2018)

The expert report is admissible in its entirety, including references to demonstrations by other guitarists, as these are necessary context for the expert's own opinion. The report does not improperly express an opinion on the ultimate issue. Any inadmissible statements are a matter for the trial judge to disregard, not for pre-trial excision.

Citation
[2018] EWHC 893 (Ch)
Parties
Claimant: Moylett; First Defendant: Geldof; Second Defendant: Anor
Jurisdiction
England and Wales
Judgment Date
14 March 2018
Procedural Posture
Civil / Interlocutory Judgment on Admissibility of Expert Evidence
Outcome
Application to exclude parts of the expert report refused
Legal Topics
Admissibility of Expert Evidence, Scope of Expert Testimony, Weight Versus Admissibility, Music Copyright Dispute
Civil Procedure Evidence Admissibility of Expert Evidence Scope of Expert Testimony Weight Versus Admissibility Music Copyright Dispute

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Parties

Moylett

Claimant

Geldof

First Defendant

Anor

Second Defendant

Procedural Posture

Civil / Interlocutory Judgment on Admissibility of Expert Evidence

Legal Issues

  1. 1 Whether parts of the claimant's expert report are inadmissible for including opinions of other experts without permission
  2. 2 Whether the expert report improperly expresses an opinion on the ultimate issue in the proceedings

Ratio Decidendi

The expert report is admissible in its entirety, including references to demonstrations by other guitarists, as these are necessary context for the expert's own opinion. The report does not improperly express an opinion on the ultimate issue. Any inadmissible statements are a matter for the trial judge to disregard, not for pre-trial excision.

Court Disposition

Application to exclude parts of the expert report refused

Orders

  • The claimant may rely on the expert report in its entirety, subject to the trial judge's assessment of weight.
  • The claimant may not rely on statements of the two guitarists as expert opinion evidence.