OPINION EVIDENCE – REVISION NOTES
Opinion evidence
- Non-experts
- Admissibility
Experts
- What is an expert?
- When is their evidence admissible?
WHAT IS OPINION EVIDENCE?
Opinion - ‘…a view or judgement not necessarily based on fact or knowledge…an
estimation of quality or worth…’
ADMISSIBILITY
Opinion evidence is generally not admissible – why?
- Relevance - There is a question of relevance, whether it is accurate or not.
- Usurping the role of the tribunal of fact – It is up to the tribunal of fact to
decide what happened. The witness is there to provide the evidence only; the
tribunal will decide based on the statement.
- Undue weight may be given to it
- Waste of Time
NON-EXPERT OPINION
Section 3(2) - Civil Evidence Act 1972
It is hereby declared that where a person is called as a witness in any civil
proceedings, a statement of opinion by him on a relevant matter on which he is not
qualified to give expert evidence, if made as a way of conveying relevant facts
personally perceived by him, is admissible as evidence of what he perceived.
NON-EXPERT OPINION
May be admissible if it is only a convenient way of stating several facts. It must not
require any application of special expertise to form this opinion.
Witnesses should be never asked or guess / estimate how much alcohol was in the
blood. It is not acceptable. It will not be admissible.
Opinion evidence
- Non-experts
- Admissibility
Experts
- What is an expert?
- When is their evidence admissible?
WHAT IS OPINION EVIDENCE?
Opinion - ‘…a view or judgement not necessarily based on fact or knowledge…an
estimation of quality or worth…’
ADMISSIBILITY
Opinion evidence is generally not admissible – why?
- Relevance - There is a question of relevance, whether it is accurate or not.
- Usurping the role of the tribunal of fact – It is up to the tribunal of fact to
decide what happened. The witness is there to provide the evidence only; the
tribunal will decide based on the statement.
- Undue weight may be given to it
- Waste of Time
NON-EXPERT OPINION
Section 3(2) - Civil Evidence Act 1972
It is hereby declared that where a person is called as a witness in any civil
proceedings, a statement of opinion by him on a relevant matter on which he is not
qualified to give expert evidence, if made as a way of conveying relevant facts
personally perceived by him, is admissible as evidence of what he perceived.
NON-EXPERT OPINION
May be admissible if it is only a convenient way of stating several facts. It must not
require any application of special expertise to form this opinion.
Witnesses should be never asked or guess / estimate how much alcohol was in the
blood. It is not acceptable. It will not be admissible.
