Promoting and enhancing best practice and technical expertise

Giving Evidence in a Judicial Environment: Session 2

Do you Think Giving Evidence is Easy?

You may be a frequent flyer or a novice, but never ever be ill prepared before entering a judicial environment. It only takes one flippant remark, a comment without suitable foundations, or one biased statement and at best you will be digging yourself and your evidence out of the quick sand. At worst you could leave the witness box with your reputation and expert witness career in tatters. The same is true of written evidence. This event is hugely relevant to anyone who appears in any judicial environment. The speakers have been invited because of their skills and experience across Landlord & Tenant, rating and CPO practice. 

Module Duration: 2 hours 3 minutes

Recorded: 11/01/22

Areas covered

The Burden and Standard of Proof, Admissibility and Weight

Welcome & Introduction from the Conference Chair - Gary Garland

Understanding the Issues - Barry Denyer-Green

  • What is meant by the burden of proof including the legal and evidential burdens?
  • How do we compare the burden and the standard of proof?
  • How significant are they and in what types of case?
  • What evidence is admissible?

A View from the Bench - Gary Garland and Jon Bestow

  • The expectations from the bench on expert witnesses
  • What weight is given to evidence & how does the expert influence that assessment?
  • Do the burdens vary according to the Court in which they are heard?
  • Are Judges being more critical of those giving evidence?

A Solicitor's View - Michael Smith

  • What the solicitor needs to do? 
  • What is the solicitor not allowed to do? 

A Impact and Views of the Expert Witness (CPO, Telecom and Rating) - Colin Cottage and Colin Hunter

  • When is an expert concerned with these concepts?
  • How should the rating surveyor advocate deal with proof in a case about rateability?
  • What about rating valuation cases?
  • What facts have to be proved in CPO cases?
  • What about compensation in telecoms cases?

Panel Discussion