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The Privy Council dismissed an appeal over landslide damage said to have been caused by a leaking water main, declining to revisit concurrent factual findings.
CCLA INVESTMENT MANAGEMENT LIMITED v Revenue & Customs (PROCEDURE - application for expert evidence to be permitted) [2022] UKFTT 195 (TC) (21 June 2022)
The First-tier Tribunal (Tax) allowed an application for expert evidence, finding the pleadings supported it and a prima facie case for admission was shown.
Privy Council appeal on gunshot residue evidence. The Board upheld admission of some residue evidence but held the jury directions were misleading and set aside the conviction.
SINGLETON BIRCH LIMITED & Anor v Revenue & Customs (PROCEDURE - admissibility of expert report which included law, opinion on legal issues and opinion on statutory question) [2021] UKFTT 440 (TC) (29 November 2021)
The Tribunal admitted most of HMRC’s expert report on waste classification, but excluded sections giving legal opinions and answers to statutory questions.
Omooba v Michael Garrett Associates Ltd (t/a Global Artists)& Anor [2020] UKEAT 0521_20_2511 (25 November 2020)
The Employment Appeal Tribunal refused a Rule 3(10) application challenging case management orders on an in-person hearing and exclusion of expert evidence.
Morgan v Abertawe BRP Morgannwg & Anor (PRACTICE AND PROCEDURE - Admissibility of evidence) [2019] UKEAT 0114_19_1209 (12 September 2019)
The EAT held that expert medical evidence was reasonably required on remedy causation in a disability discrimination case and should have been allowed.
Privy Council probate appeal dismissed, upholding concurrent findings that the will was duly executed and not shown to have been destroyed before death.
Deloitte LLP v Revenue and Customs (PROCEDURE : Other) [2016] UKFTT 479 (TC) (07 July 2016)
The tribunal largely refused Deloitte’s expert report on PPI VAT issues, admitting only general background sections and excluding legal and regulatory opinions.
Deloitte LLP v Revenue and Customs (PROCEDURE : Other) [2016] UKFTT 479 (TC) (07 July 2016)
The tribunal held most of an insurance-industry expert report inadmissible because it contained legal argument and contract interpretation, admitting only general background sections.
Omagh Minerals Ltd v Revenue & Customs (PROCEDURE : Other) [2015] UKFTT 681 (TC) (22 December 2015)
The tribunal held HMRC’s expert sample evidence in an aggregates levy dispute was admissible, and any flaws in sampling or analysis could be tested by cross-examination.
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