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Definition of an Expert Witness and Recoverability of Costs of Employee Expert

Re Nossen's Patent 2, 3, 20 October 1968 Chancery Division 

An important case on the definition of an expert witness as being a person having appropriate professional qualifications or expertise who is brought into a case to give his expert opinion as to matters in issue. The case also held that the mere fact that the expert is an employee of a party does not disqualify him from being treated and remunerated as an expert.

Richards & Wallington (Plant Hire) Ltd v Monk & Co Ltd In Chambers 1984

Where an employee is put forward as a company as an expert those putting him forward in that capacity must show that he has the appropriate knowledge to qualify. He can only be allowed a fee as an expert witness rather than as a witness of fact if he can demonstrate that the work done was 'expert' in the sense that it was outside the ordinary functions of his work as an employee to enable an expert opinion to be given for the purposes of

See also Admiral Management Services Ltd and Para-Protect Europe Ltd and Others Chancery Division 4th March 2002 as to whether and to what extent the claimant company may recover by way of costs or damages sums in respect of the time and work of its own employees.

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