Reg. v. Ministry of Defence, Ex parte Smith [1996] QB 517

Citation:Reg. v. Ministry of Defence, Ex parte Smith [1996] QB 517

Link to case on WorldLII (reference).

Rule of thumb:Can an expert opinion from a past case be lodged & relied upon again in a new case? No, professional opinion continually evolves and a new tailored professional report must be provided.

Judgment:

This affirmed the principle of the ‘public and professional opinion continuum’ – generally speaking expert evidence about expert matters or public opinion from years gone by should not be presented to the Court again, with newly updated evidence presented to the Court, as it is appreciated that professional and public opinion are in constant states of evolution, ’I regard the progressive development and refinement of public and professional opinion at home and abroad, here very briefly described, as an important feature of this case. A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z. Public and professional opinion are a continuum’. Sir Thomas Bingham M.R at pp. 552-554

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.