||All England Reporter
|| All ER (D) 105 (Jan)
||Geoffrey Vos QC, David Foxton and Adam Robb (instructed by Freshfields Bruckhaus Deringer) for C.
||Michael Briggs QC, Hugh Tomlinson and Thomas Grant (instructed by Harbottle & Lewis) for the first defendant.
||Michael Lyndon-Stanford QC and Mark Cunningham QC (instructed by Allen & Overy) for the second defendant.
||18 January 2002
Evidence - Expert evidence - Admissibility - Application for permission to adduce evidence - Executor of artist seeking to adduce report of art lawyer in respect of artist's contract with gallery - Whether evidence admissible - Whether permission should be granted - CPR 35.1.
Under CPR35.1 the court needed to be satisfied that expert testimony was properly admissible and would genuinely assist the judge in determining the matters which were in issue. The burden rested upon the party who sought permission to adduce the evidence. In the instant case, although the expert had considerable experience of negotiating artists' contracts with galleries during the last ten years, he did not have personal experience of such negotiations at the time that arrangements between the artist, Francis Bacon, and the defendants, Marlborough galleries, had been made. Accordingly, permission for the expert report to be admitted was refused.
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