Recognising expertise in English civil litigation: Standards, experience and reliability

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Expert evidence must meet recognized standards, ensuring reliability in civil litigation, especially in intellectual property cases.
The Civil Evidence Act 1972 allows opinions based on recognized expertise, affecting witness admissibility in court.
We advocate treating trade evidence as expert opinion, insisting it must show identifiable rigour and comply with expert standards.
Judgments like Barings plc v Cooper & Lybrand emphasize the necessity of a recognized framework for evaluating expert testimonies.

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Analysis reveals that expert evidence requires recognized standards, indicating challenges with trade evidence.

Ferguson et al. (2025) studied this question.

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