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The Judicial Assessment of Expert Evidence by Déirdre Dwyer (ebook)

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By reintegrating contemporary evidence theory with applied philosophy. About This Item We aim to show you accurate product information. Manufacturers, suppliers and others provide what you see here, and we have not verified it. See our disclaimer.

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The CMA was rightly resistant to attempts to convert its review jurisdiction into something resembling an appeal on the merits. The Tribunal was also well equipped to assess the relevant factual matters in a s. It was a body with technical expertise and the sort of situation in which technical assistance was required was not likely to be common.

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The Tribunal held that, in this case, there was nothing about the expert report which led to the conclusion that it would be assisted by its admission or that the just determination of the case required it. Moreover, several matters pointed strongly against its admission.


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He had not been briefed clearly regarding the difference between an appeal on the merits and the approach to be adopted under judicial review principles. His report did not address the distinct questions which were relevant in s. Insofar as he had made points which were suitable for consideration in the s.


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Further, the requirement for the Tribunal to determine the proportionality of the remedy adopted by the CMA did not require expert opinion. There were strong reasons why the Tribunal should not be diverted from the efficient and speedy resolution of disputes on judicial review principles by the admission of expert evidence.