Davie v Magistrates of Edinburgh
Davie v Magistrates of Edinburgh 1953 S.C. 34. encapsulates the Scots law position regarding the role of expert witnesses in providing their opinion to the court in criminal and civil proceedings. Case In Davie v Magistrates of Edinburgh, an expert witness gave evidence concerning the effect of shock waves in blasting operations and referred to a specific section of a pamphlet that allegedly supported his opinion. The Court of Session disproved of the Lord Ordinary's action of adopting other parts of the pamphlet that the expert had not made reference to. " The Court cannot...rely upon such works for the purpose of displacing or criticising the witness's testimony." - at 41. Law Lord President Cooper stated that "their duty is to furnish the judge or jury with the necessary scientific criteria for testing the accuracy of their conclusions, so as to enable the Judge or jury to form their own independent judgment by the application of these criteria to the facts proved in evidence." Therefore, an expert witness should only offer their opinion as to the facts that have already been established in court, and "should not hinder the trier of fact's duty by telling them how to assess the