|Book||Expert Evidence: Law Practice Procedure & Advocacy 4th Edition||24/02/2009||9780455225470||$195.00|
Fundamentally revised to accommodate the increasing application of the uniform evidence legislation, this 4th edition also deals with a wide range of new areas of specialist evidence. It analyses relevant court rules and the use of single experts and concurrent evidence by experts (hot-tubbing) and incorporates new analysis of the law concerning expert witness immunity, civil and disciplinary actions against experts and evidence in relation to psychiatric injuries.
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From: Ethos, March 2010
Reviewed by Emma Reilly, Partner Moray & Agnew
Evidence is a complicated area of law, and the size of this text is reflective of that, and somewhat intimidating. The book covers the complex common law and statutory criteria for the admissibility of expert evidence, in the areas of personal injury law, commercial law, family law and criminal law. Expert Evidence also usefully provides guidance with regard to expert witness appearances.
Why buy the new edition? The text has been revised to deal with updated uniform evidence legislation, court rules and single expert requirements. It also has new sections on expert witness immunity, disciplinary actions against experts and evidence regarding psychiatric injuries.
The book is divided into some 57 chapters, with subheadings within chapters located by page number (rather than numbered paragraphs). Following the introduction by the authors and an outline of the five common law exclusionary rules, each rule is discussed in detail in its own chapter. Following that, the text deals with statutory law in Australia, New Zealand and the US. Other useful chapters with practical application relate to expert reports, appeals in respect of expert evidence, remuneration of experts, referees, advocacy and the like. There are then sections on particular types of expert evidence, including anthropologists’ evidence, DNA evidence, novel scientific evidence, tracker and sniffer dog evidence, and more.
It was not possible to read the entire text for the purpose of this review (in excess of 1300 pages). However, it is a text I wish I had read every page of, and I certainly have the intention to do so. In the meantime, I have found the sections that I have read informative, clear, interesting and thorough. The book is an amazingly comprehensive reference tool in this area of the law, that would be useful to all practitioners of litigation.
- Review: Ethos March 2010 [PDF 7660]