Expert evidence

By Donald Dinnie on September 18, 2019 Posted in General

Parties to any dispute who rely exclusively on opinions of experts without establishing the factual basis for those opinions do so at their peril. The opinion of an expert must be based on facts that are established by the evidence. The court then assesses the opinions of experts on the basis of ‘whether and to … Continue reading

Evidence of sudden and accidental pollution rejected (US)

By Patrick Bracher (ZA) on July 3, 2019 Posted in Insurance

A corporation which operated two industrial sites found significant amounts of ground water contamination. Its attempt to get insurance cover on the basis that the pollution was sudden and accidental was unsuccessful because the evidence of its expert was rejected as not being based on sound methodology. The pollution exclusion therefore defeated the claim. On … Continue reading

Failing to call a witness does not automatically lead to an adverse inference

By Natasha Naidoo on May 7, 2019 Posted in General

The judgment handed down in Manzi v King’s College Hospital NHS Foundation Trust is a clear indication that the absence of a witness does not automatically lead to an adverse inference being drawn by the courts. The case involved a patient who suffered a haemorrhage following a surgery to remove placental tissue. One of the … Continue reading