Society's News

BLS features in Bristol Post oldest thriving companies in Bristol

Excerpt from the article: How Bristol’s oldest companies are still thriving after more than 100 years in business They include the city’s last-surviving chocolate maker a wine merchant and a tannery. Why do some companies struggle to survive beyond a year while others flourish for hundreds? Although more than 90 per cent of small companies in Britain will survive one … more

The President’s Charity of the Year 2017/18

                      Please see Freewheelers Leaflet 2017 for the fabulous work these volunteer riders undertake to assist the NHS in moving vital supplies and equipment  around the county. Who knows which one of us or someone we know may have already benefited from their amazing work?

BLS Member discount offer on GCHQ certified Social Engineering Course – 8 August

Red Goat Cyber Security are offering Bristol Law Society members a 15% discount on their upcoming GCHQ certified Social Engineering course at Imperial College on the 8th of August. This interactive half-day cyber security course helps you identify and prevent social engineering attacks such as phishing and impersonation by placing you in the position of the hackers to enable you … more

Expert evidence by the back door – Milsted Langdon review a recent Court of Appeal Hearing considering whether or not the Court’s permission is required to adduce expert evidence







Expert evidence by the back door

A recent Court of Appeal Hearing has considered whether or not the Court’s permission is required to adduce expert evidence.

The issue is particularly relevant in the context of divorce proceedings in which it is becoming increasingly common for accountancy valuation reports to be appended to a Form E as part of the voluntary disclosure, without any application having been made to admit expert accountancy evidence.

The Court of Appeal held that:

  1. the Court’s permission was required if the evidence was from a person “instructed to prepare expert evidence for the purpose of proceedings” but
  2. if the evidence was not from a person “instructed to prepare expert evidence for the purpose of proceedings”, the opinion of a properly qualified expert was prima facie admissible, because of the application the Civil Evidence Acts of 1972 (s3) and 1995 (s1(1)).

This suggests that an accountancy valuation report that has, for example, been prepared for the purposes of implementing a share scheme, for example, could be deemed to be admissible and could be a way of adducing expert evidence “by the back door”.  That said, the mere fact that the Court might be willing to consider the evidence would not necessarily meant that it would give it as much weight as evidence adduced by an expert instructed pursuant to the proceedings.