Originally published in TEDR Volume 13 Issue 3 (publication date not recorded).
[2008] EWHC 2220 (TCC) TEDR Volume 13 Issue 3
This review concerns the status of the evidence of a Mr Taylor at the final trial of the extensive litigation arising out of the construction of the "new" Wembley Stadium.
Mr Taylor gave his evidence by way of witness statement of fact rather than as an Expert. Upon service, the Claimant objected to its admissibility on the basis that it contained opinion, comment, argument and expert evidence. Little more was said about the issue until the witness had given evidence. The Trial Judge was persuaded by both parties to deal with the issue of admissibility in his final judgment rather than during the trial.
The other issues (of which there were many) need not concern us here.
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