Admissibility of Expert Evidence & Opinion

One of the first cases addressing the admissibility of expert testimony in a construction matter was the case of 1 Foulkes v Chadd (17) 3 Doug KB 157. The well known civil engineer John Smeaton gave expert evidence and opinion on the effectiveness of sea defences. The evidence was ruled inadmissible at first instance , on appeal the appeal court overruled that decision and a re-trial was ordered.

Lord Mansfield's judgement in 1782 was the first judicial recognition that an expert can offer evidence in the form of opinion provided that the testimony is within his field of competence and remains relevant:

“… opinion of scientific men upon proven fact may be given by men of science within their own science. When such a person is called as a witness, his opinion is admissible on any relevant matter”