Cases - Fairfield-Mabey Ltd v Shell UK Metallurgical Testing Services Ltd

Record details

Name

Fairfield-Mabey Ltd v Shell UK Metallurgical Testing Services Ltd

Date

[1988]

Citation

45 BLR 116 OR

Keywords

Expert witness

Summary

The judge was asked during the trial to rule on the use of expert witnesses’ evidence:

'... it would be quite wrong for counsel in opening to refer to any witnesses' statement. It would also be wrong to cross examine a witness called by an opposing party by reference to a statement of another witness who might (or might not) be called in the future'.

An alternative is to put to the witness a statement taken on behalf of the cross-examiner's own client who thereby waives any confidentiality in the statement.