Are experts now able to tackle the ultimate issue, asks Chris Pamplin
Following FIFA’s finding that Luis Suarez bit Italian defender Giorgio Chiellini in the final match of Group D in the World Cup in Brazil, Uruguay said they would appeal, calling it an “excessive decision” for which “there was not enough evidence”. Suarez has been involved in a number of professional disciplinary hearings before, and his December 2011 hearing before the Football Association Regulatory Commission set out the approach to be followed when considering evidence in such matters—and perhaps surprisingly, footballers’ antics on the pitch serve to illustrate the current state of practice when experts are called to opine on the central issue in a case.
It had long been a rule of evidence at common law that a witness should not give evidence in relation to the “ultimate issue” in a case, because that is a matter for the court to decide and should not be usurped. For some time, however, there has been a steady weakening of the rule against expert opinion on the ultimate issue. The 1972 Civil Evidence
