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"Expert Evidence" by Ian R. Freckelton and Hugh Selby is a comprehensive and authoritative work on the subject of expert evidence in legal proceedings. Here is a detailed overview of the book, including its key themes, structure, and critical reception:

Key Themes and Structure

  1. Expert Evidence in Various Fields:

    • The book covers a wide range of fields including personal injury, commercial, criminal, and family law litigation. It delves into the complexities of expert testimony across various disciplines such as medicine, psychology, social work, forensic sciences, and finance.

  2. Legal and Statutory Criteria:

    • It analyzes the common law and statutory criteria for the admissibility of expert evidence. This includes discussions on the legal framework governing expert witnesses and the procedures for managing concurrent evidence and expert conclaves.

  3. Advocacy Guidance:

    • The book provides advocacy guidance on how to assist expert witnesses in courts and how to effectively cross-examine them. It also reviews decisions related to the disciplinary and civil liability of expert witnesses, as well as the potential for wasted costs orders.

  4. Role of Assessors, Referees, and Court-Appointed Experts:

    • It examines the roles of assessors, referees, and court-appointed experts in legal proceedings. The book also discusses the forensic consequences of courts’ codes of conduct for experts, including the potential adverse consequences of breaching such codes.

  5. Trends in Appellate Case Law:

    • The book reviews trends in appellate case law regarding trial judges’ decisions to admit or decline expert opinions. This provides a comprehensive understanding of the evolving landscape of expert evidence in legal proceedings.

Critical Reception

  • Academic and Professional Praise:

    • The book has received high praise from legal professionals and academics. The Hon Justice Christopher Beale, Supreme Court of Victoria, noted that the work is "invaluable" and that many barristers have found it essential for cross-examining expert witnesses.

  • Comprehensive Coverage:

    • Ian Freckelton and Hugh Selby are described as a formidable team, bringing a long-standing interest in the subject of expert testimony to their work. The book is commended for its comprehensive coverage, with over a hundred chapters divided into ten parts, each addressing a specific area of expert evidence.

  • Citation and Influence:

    • The book has been cited by superior courts in Australia, New Zealand, and other countries for over two decades. It is considered the leading international work on its subject, reflecting its authoritative and influential status in the field of expert evidence.

Editions and Format

  • Seventh Edition:
    • The seventh edition of "Expert Evidence" continues to be the acclaimed work of first resort for analyzing the complex law and practice surrounding expert witnesses and expert evidence. It maintains its comprehensive coverage and advocacy guidance, making it an essential resource for legal practitioners.

In summary, "Expert Evidence" by Ian R. Freckelton and Hugh Selby is a seminal work that provides a detailed and authoritative analysis of expert evidence in various legal contexts. Its comprehensive coverage, advocacy guidance, and critical reception make it a vital resource for legal professionals and scholars alike.