Liverpool Roman Catholic Archiocesan Trust v. Goldberg [2001] EWHC Ch 396 (6th July, 2001)

Where an expert witness has a close personal and professional relationship with a party, and admits personal sympathies are engaged, their evidence should not be admitted as expert evidence on grounds of public policy that justice must be seen to be done.

Citation: [2001] EWHC Ch 396
Parties: Claimant: Corporate Trustee of the Roman Catholic Archdiocese of Liverpool; Defendant: Defendant (unnamed)
Jurisdiction: England and Wales
Procedural Posture: Civil / Post Trial, Pre Judgment (settled Before Judgment Handed Down)
Outcome: Case settled before judgment handed down; no judgment on merits.
Legal Topics: Settlement Before Judgment, Admissibility of Expert Evidence, Conflict of Interest in Expert Testimony

Civil Procedure Evidence Professional Negligence Settlement Before Judgment Admissibility of Expert Evidence Conflict of Interest in Expert Testimony

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Parties

Corporate Trustee of the Roman Catholic Archdiocese of Liverpool

Claimant

Defendant (unnamed)

Defendant

Procedural Posture

Civil / Post Trial, Pre Judgment (settled Before Judgment Handed Down)

Legal Issues

1 Whether the court should hand down judgment after parties have settled post-circulation of draft judgment
2 Admissibility of expert evidence where the expert has a close personal and professional relationship with a party

Ratio Decidendi

Court Disposition

Case settled before judgment handed down; no judgment on merits.