Nevertheless, as recent
judicial criticism of experts has demonstrated, not all expert witnesses understand their role.
Issues of training, accreditation, and
previous judicial criticism should be among factors to be taken into account by judges making this decision.
Since this judgment, the court has been grappling with the words «generously interpreted» which have from time to time
received judicial criticism.
In my ongoing efforts to
highlight judicial criticism of expert witnesses who stray into advocacy, reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, excluding an expert report for numerous reasons including concerns about plagiarism.
CROs additionally attracted
judicial criticism in the past for lacking transparency, despite the fact that CROs are a flexible and straightforward means of achieving resolution between repentant and reformed companies and the SFO.
The bank was subjected to
judicial criticism for conducting a «sham» auction of leveraged loans and was found to have deceived its counterparty.
Strong judicial criticism came in the cases of J v J [2014] EWHC 3654 (Fam), [2014] All ER (D) 153 (Nov), Seagrove v Sullivan [2014] EWHC 4110 (Fam), [2014] All ER (D) 61 (Dec).
Adding to this site's archives of
judicial criticism of «advocate» expert witnesses, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry rejecting the evidence of a defence expert on the basis of advocacy.
This practice has prompted
both judicial criticisms and defenses.
In particular, it rejected the position that a lawyer would be committing an abuse of process to the extent he sought to litigate the legitimacy of his conduct in the face of
judicial criticism of that conduct in prior proceedings to which he was not a party and which involved different legal issues.
This lack of clarity, which could be seen as a sympathetic reflection of the espionage world I suppose, has been the subject of
judicial criticism.
Despite
some judicial criticism of civil settlements in criminal cases, there is continuing development in this area including the recent introduction of Deferred Prosecution Agreements, which provide for the indefinite suspension of a prosecution.
In this dispute, Koskie Minsky said the court shouldn't award Rochon Genova the case because of the history of
judicial criticism of the Merchant Law Group, one of the members of the Rochon consortium.
But the takeaway here, as with most cases of
judicial criticism, is that care and diligence are in order when taking judges to task.