Nott -v- Strzelecki [2014] JRC 155A (11 August 2014)

Expert evidence is permitted where it may assist the Jurats in understanding technical aspects of the accident, specifically the interpretation of contemporaneous photographs, but must not extend to matters of witness credibility or legal conclusions, which are for the Jurats to decide.

Citation: [2014] JRC 155A
Parties: Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction: Jersey
Judgment Date: 11 August 2014
Procedural Posture: Civil / Interlocutory Application for Leave to Adduce Expert Evidence
Outcome: application granted in part
Legal Topics: Admissibility of Expert Evidence, Road Traffic Accident, Liability, Scope of Expert Testimony

Civil Procedure Evidence Tort Admissibility of Expert Evidence Road Traffic Accident Liability Scope of Expert Testimony

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Parties

Plaintiff

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to Adduce Expert Evidence

Legal Issues

1 Whether the plaintiff should be permitted to adduce expert evidence in the field of road accident investigation
2 Scope and limits of admissible expert evidence in road traffic accident cases

Ratio Decidendi

Court Disposition

application granted in part

Orders

Plaintiff permitted to adduce expert evidence limited to analysis of contemporaneous photographs and technical aspects shown therein.
Expert evidence must not address witness statements or legal conclusions; specified sections of the expert report to be excluded or rewritten.