![]() The fact that a lay witness has a personal involvement goes, very much, to the weight to be given to any opinion.A lay witness giving opinion evidence does not displace the need of a party to obtain expert evidence.So (for instance) those giving evidence for an organisation should be confined to opinions on matters that they “personally perceived” and not be allowed to opine generally on matters which they had no personal involvement.The need for personal perception should put an end to statements such as those in the Rock Nominees case.The starting point should be s.3(2) of the Civil Evidence Act 1972, that is a witness can give opinion evidence on matters “personally perceived by him”. ![]() Looking at the disparate case law it is hard to find universal principles. Before he actually gave evidence we had the somewhat surprising spectacle of finding something like 75% of the witness statement being struck out, as Mr Potts QC conceded in effect the material there, consisting largely of assertions, expressions of opinion and usurpation of my role, should never have been there in the first place.” It is not being unfair to Mr Wilson to say that it is about the only clear part of his evidence.He also stated that he had primary responsibility for the affairs of Kiwi and Gambier. The only evidence offered by the Petitioner, was that of Andrew Stephen Wilson, who was described as being financial adviser to Carlisle, who also advises other entities in which Carlisle and Lord Ashcroft have an interest. * In Rock Nominees v RCO Holdings EWHC 936 (CH) Smith J observed that a witness: “80. Here I try to extrapolate the principles involved, looking at the statutory basis for opinion evidence and the cases. ![]() There little guidance on the circumstances in which a witness is allowed to give an opinion. However, as in most things, there is an exception to this rule. The attempts of witnesses to be experts, or to tell the judge what the outcome of the case should be, can lead to robust adverse comments*. I have written, many times, about the dangers of putting opinion evidence into witness statements.
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