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Evans-Lombe J., after reviewing authorities relating to the inadmissibility of expert evidence concerning the practice of solicitors, said,

  1. In my judgment the authorities which I have cited above establish the following propositions: expert evidence is admissible under section 3 of the Civil Evidence Act 1972 in any case where the Court accepts that there exists a recognised expertise governed by recognised standards and rules of conduct capable of influencing the Court’s decision on any of the issues which it has to decide and the witness to be called satisfies the Court that he has a sufficient familiarity with and knowledge of the expertise in question to render his opinion potentially of value in resolving any of those issues. Evidence meeting this test can still be excluded by the Court if the Court takes the view that calling it will not be helpful to the Court in resolving any issue in the case justly. Such evidence will not be helpful where the issue to be decided is one of law or is otherwise one on which the Court is able to come to a fully informed decision without hearing such evidence.

  2. Just as the Court of Appeal in the Bank of Kuwait case found that there was a body of expertise with recognised standards in relation to the management of lending banks, I am satisfied that, a fortiori, there is such a body of expertise with recognised standards in relation to the managers of investment banks conducting or administering the highly technical and specialised business of futures and derivatives trading.

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