This decision from 2022 is potentially a lesson for lawyers (and clients) on the need to justify using expert evidence.
In this decision, the judge helpfully reviewed the case law regarding when and whether it is appropriate for experts to give factual evidence. Essentially, experts should only give factual evidence if only they can access or understand it.
The judge's ruling in this case was clear. The evidence at hand was primarily factual, and there was no established body of expertise that could be called upon. Additionally, the costs associated with bringing in an expert were deemed too high.
Note: The case was about the streaming music licenses, and a dispute over the Kanye West track "Power" which can be found here:
Comments