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Expert Evidence: Law, Practice, Procedure and Advocacy, 6th Edition

Expert Evidence: Law, Practice, Procedure and Advocacy, 6th Edition

  • Author:
  • Publisher: Lawbook Co.
  • ISBN: 9780455231624
  • Published In: November 2019
  • Format: Paperback , 1432 pages
  • Jurisdiction: Australia, New Zealand ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 1,652.00
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  • Description 
  • Contents 
  • Details

    Expert Evidence: Law, Practice, Procedure and Advocacy, now in its Sixth Edition, is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited for over two decades by superior courts in every jurisdiction in Australia and New Zealand, as well as in a number of other countries. The sixth edition consolidates Expert Evidence as the leading international work on its subject, with additional treatment of the law in common law jurisdictions.

    Expert Evidence analyses the common law and statutory criteria for expert evidence admissibility and provides advocacy guidance in relation to how best expert witnesses can be assisted to provide their opinions to courts and be made accountable for them. It discusses the optimal ways for concurrent evidence (hot-tubbing) and experts‘ meetings prior to court hearings (expert conclaves) to be managed. It reviews decisions in relation to the disciplinary and civil liability of expert witnesses, and the potential for wasted costs orders to be made against experts, as well as the lawyers who commission them. It analyses the role of assessors, referees and court-appointed experts, as well as the forensic consequences of courts’ codes of conduct for experts, including when breaches of such codes may have to adverse consequences. It also reviews trends in appellate case law in relation to trial judges’ decisions to admit and decline to admit expert opinions.

    Expert Evidence also deals with a range of areas of specialist knowledge where admissibility and reliability issues have been confronted in relation to expert opinions, including in relation to novel medical and scientific evidence, as well as counter-intuitive opinions from mental health professionals. Chapters are devoted to accounting, engineering, statistical, anthropological, survey, and planning evidence, as well as in relation to expert evidence about foreign law.

    NEW DEVELOPMENTS

    Reflecting the law as at 1 July 2019, the Sixth Edition:

    • incorporates new material in relation to:
      • evidence by forensic engineers and architects;
      • interpretation of admissibility thresholds under both statutory and common law;
      • appellate decisions on DNA profiling and novel scientific evidence;
      • expert evidence about foreign law;
      • ad hoc expert evidence given by police witnesses;
      • the role of referees and concurrent evidence, consecutive expert evidence and the use of expert conclaves;
      • empirical material in advocacy chapters; and
      • costs orders against experts and legal practitioners;
    • updates international case law in relation to expert evidence; and
    • reviews options for appellate action to be taken in relation to admissibility determinations concerning expert opinion evidence.
  • PART 1  - INTRODUCTION

    Chapter 1.0        Introduction

    PART 2  - COMMON LAW EVIDENTIARY RULES

    Chapter 2.0        Common law exclusionary rules

    Chapter 2.05      The expertise rule

    Chapter 2.10      The area of expertise rule

    Chapter 2.15      The common knowledge rule

    Chapter 2.20      The basis rule

    Chapter 2.25      The ultimate issue rule

    Chapter 2.30      Judicial notice

    Chapter 2.35      Discretionary exclusion of expert evidence

    PART 3  - STATUTORY EVIDENTIARY RULES

    Chapter 3.0        Statutory law in Australia

    Chapter 3.05      Statutory law in New Zealand

    Chapter 3.10      Statutory law in the United States

    Chapter 3.15      Law reform proposals

    PART 4  - APPEALS

    Chapter 4.0        Appeals in relation to expert evidence

    PART 5  - PROCEDURE

    Chapter 5.0        Forensic reports

    Chapter 5.05      Court rules and ethical obligations

    Chapter 5.10      Costs and client legal privilege

    Chapter 5.15      Wasted costs orders (new)

    Chapter 5.20      Remuneration of experts

    PART 6  - EXPERT WITNESSES AND DECISION MAKING

    Chapter 6.0        Court-appointed experts

    Chapter 6.05      Assessors

    Chapter 6.10      Referees

    Chapter 6.15      Conclaves (new)

    Chapter 6.20      Concurrent expert evidence

    Chapter 6.25      Consecutive expert evidence (new)

    PART 7  - EXPERT EVIDENCE IN COURT

    Chapter 7.0        Preparation and examination of the expert witness

    Chapter 7.05      Cross-examination of the expert witness

    Chapter 7.10      Sentencing evidence by the expert witness 

    PART 8  - LIABILITY OF EXPERTS

    Chapter 8.0        Criminal and civil liability of expert witnesses and report writers

    Chapter 8.05      Regulatory liability of expert witnesses and report writers

    PART 9  - MEDICAL, DENTAL AND NURSING EVIDENCE

    Chapter 9.0        Medical evidence

    Chapter 9.05      Dental evidence

    Chapter 9.10      Nursing evidence

    PART 10 - MENTAL HEALTH EVIDENCE

    Chapter 10.0      Psychiatrists' and psychologists' evidence

    Chapter 10.05    Fitness for interview evidence

    Chapter 10.10    Fitness to stand trial evidence

    Chapter 10.15    Identification evidence

    Chapter 10.20    Memory evidence

    Chapter 10.25    Mental state evidence

    Chapter 10.30    Syndrome evidence

    Chapter 10.35    Profiling evidence

    Chapter 10.40    Prediction of risk evidence

    Chapter 10.45    Post-traumatic stress disorder evidence

    Chapter 10.50    Critical incident stress intervention evidence

    PART 11 - SOCIAL SCIENTISTS' EVIDENCE

    Chapter 11.0       Survey evidence

    Chapter 11.05    Historians’ evidence

    Chapter 11.10    Anthropologists' evidence

    Chapter 11.15    Cultural experts' evidence

    Chapter 11.20    Linguists' evidence

    PART 12 - SCIENTISTS' EVIDENCE

    Chapter 12.0      Scientific evidence

    Chapter 12.05    Novel scientific evidence

    Chapter 12.10    Fingerprinting, footprint and footwear evidence

    Chapter 12.15    Document analysis evidence

    Chapter 12.20    DNA evidence

    Chapter 12.25    Statistical and probability evidence 

    PART 13 - POLICE EVIDENCE

    Chapter 13.0      Police evidence

    Chapter 13.05    Tracker and sniffer dog evidence

    PART 14 - ACCIDENT RECONSTRUCTION EVIDENCE

    Chapter 14.0      Accident reconstruction evidence

    PART 15 - FOREIGN LAW EVIDENCE

    Chapter 15.0      Foreign law evidence 

    PART 16 - FINANCIAL EVIDENCE

    Chapter 16.0      Valuation evidence

    Chapter 16.05    Financial evidence

    PART 17 - CONSTRUCTION EVIDENCE

    Chapter 17.0      Engineers’ evidence (new)

    Chapter 17.05    Architects’ evidence (new)

    Chapter 17.10    Quantity surveyors’ evidence

    Chapter 17.15    Planning evidence

    PART 18 - INTELLECTUAL PROPERTY EVIDENCE

    Chapter 18.0      Patent evidence

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