Cases - Polivitte Ltd v Commercial Union

Record details

Name

Polivitte Ltd v Commercial Union

Date

[1987]

Citation

1 Lloyd's Rep 379, QBD

Keywords

Expert witness

Summary

In this case, insurers alleged that their clients had committed fraud by starting a fire at insured premises. The judge commented on the view taken of experts’ evidence:

'... at the end of the day, the Court has to look at what is being asserted as a matter of (eye witness or factual) direct evidence and then to consider the integrity of that evidence ... in all the surrounding circumstances, including the impact of the expert evidence, which is (or should be) independent and, of course, based on experience and expertise ... I have almost considered the role of an expert to be two-fold: first to advance the case of the party calling him, so far as it can properly be advanced on the basis of information available to the expert in the professional exercise of his skill and experience; and, secondly, to assist the court, which does not possess the relevant skill and experience, in determining where the truth lies.'

(The Polivitte finding was adopted as the basis of the second point in The Ikarian Reefer.)