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Upper Tribunal says experts should comply with Practice Direction on expert evidence

Upper Tribunal says experts should comply with Practice Direction on expert evidence

A failure to comply with the Senior President’s Practice Direction may affect the weight to be given to expert evidence. Any opinion offered that is unsupported by a demonstration of the objectivity and comprehensive review of material facts required of an expert witness is likely to be afforded little weight by the Tribunal. In particular, a witness who does not engage with material facts or issues that might detract from the view being expressed risks being regarded as an informed advocate for the case of one of the parties to the proceedings rather than an independent expert witness.

Source: AAW (expert evidence – weight) [2015] UKUT 673 (IAC) (5 November 2015)

Authors

Colin Yeo
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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