Expert witness
Martin has been instructed to act as an expert witness for more than 30 cases including
- The England and Wales High Court
- The Scottish Court of Session
- Magistrates and Crown Courts
- County Court
- Asylum Appeal Tribunals
- Employment Tribunals
- Professional conduct tribunals, such as the Teaching Regulation Agency
He has also had given oral evidence in court under cross examination in a number of cases.
Martin has been elected as a practising member of The Academy of Experts (MAE).
- The England and Wales High Court
- The Scottish Court of Session
- Magistrates and Crown Courts
- County Court
- Asylum Appeal Tribunals
- Employment Tribunals
- Professional conduct tribunals, such as the Teaching Regulation Agency
He has also had given oral evidence in court under cross examination in a number of cases.
Martin has been elected as a practising member of The Academy of Experts (MAE).
Examples of instruction as an expert in leading cases
Rev Dr William Philip and 26 others v the Lord Advocate (Judicial Review of Scottish government closure of churches) in his judgement in favour of the appellant Lord Braid affirmed and quoted at some length from Martin's expert witness statement.
Case summary
Judgement
Scottish Law Society comment
Mrs Mary Onuoha v Croydon Health Services NHS Trust. Christian nurse disciplined for wearing a small cross. The judgement drew on 10 specific points in Martin's expert witness statement
Case summary
Judgement
The Times comment
Rev Dr William Philip and 26 others v the Lord Advocate (Judicial Review of Scottish government closure of churches) in his judgement in favour of the appellant Lord Braid affirmed and quoted at some length from Martin's expert witness statement.
Case summary
Judgement
Scottish Law Society comment
Mrs Mary Onuoha v Croydon Health Services NHS Trust. Christian nurse disciplined for wearing a small cross. The judgement drew on 10 specific points in Martin's expert witness statement
Case summary
Judgement
The Times comment
How I may be able to assist
High Court cases - these are typically judicial reviews of an action by central or local government that impact the free exercise of Christian belief. An expert report in such a case is likely to set out both the importance and basis of that particular belief and may sometimes also address the historical development of freedom of religion relating to it.
Employment tribunals - where the claim relies on discrimination or victimisation because of someone's Christian faith. These typically involve the need to prove group disadvantage i.e. that these are not merely beliefs of the claimant - but more widely held.
Criminal cases - there are two broad categories of these I may be able to assist in i) where someone has been arrested because of something they have said or done which is directly motivated by their Christians beliefs ii) where someone breaks a restriction, such as a Criminal Behaviour Order, placed on them, which relates to churches or Christians - and the court needs to determine whether XYZ group falls within that category.
Asylum and Immigration Tribunal - I can provide an expert witness statement relating to both the general situation facing Christians in particular Islamic countries and particular issues which arise in the claimant's case. PLEASE NOTE: all of my reports are bespoke to the individual case - I do NOT provide the off the shelf country reports as I do not believe this is in the best interests of justice.
Professional Conduct and other disciplinary hearings - again these are bespoke reports addressing the specific issues raised.
High Court cases - these are typically judicial reviews of an action by central or local government that impact the free exercise of Christian belief. An expert report in such a case is likely to set out both the importance and basis of that particular belief and may sometimes also address the historical development of freedom of religion relating to it.
Employment tribunals - where the claim relies on discrimination or victimisation because of someone's Christian faith. These typically involve the need to prove group disadvantage i.e. that these are not merely beliefs of the claimant - but more widely held.
Criminal cases - there are two broad categories of these I may be able to assist in i) where someone has been arrested because of something they have said or done which is directly motivated by their Christians beliefs ii) where someone breaks a restriction, such as a Criminal Behaviour Order, placed on them, which relates to churches or Christians - and the court needs to determine whether XYZ group falls within that category.
Asylum and Immigration Tribunal - I can provide an expert witness statement relating to both the general situation facing Christians in particular Islamic countries and particular issues which arise in the claimant's case. PLEASE NOTE: all of my reports are bespoke to the individual case - I do NOT provide the off the shelf country reports as I do not believe this is in the best interests of justice.
Professional Conduct and other disciplinary hearings - again these are bespoke reports addressing the specific issues raised.
Courses undertaken related to related to acting as an expert witness
- International Law in Action: Investigating and Prosecuting International Crimes, University of Leiden, May 2023 (3 days fte).
- Into Court, The Academy of Experts, September 2021 (1 day).
- Introduction to English Common Law, University of London, September 2020 (3 days fte).
- International Law in Action: Investigating and Prosecuting International Crimes, University of Leiden, May 2023 (3 days fte).
- Into Court, The Academy of Experts, September 2021 (1 day).
- Introduction to English Common Law, University of London, September 2020 (3 days fte).
The difference that instructing an expert can make
In common with other expert witnesses I have sometimes found that lawyers are surprised to find there are potentially important contextual factors affecting a case which they were not aware of. When they receive the expert report they are often pleasantly surprised at how much it can potentially assist them in presenting their case. Lord Justice Neuberger put the point very well in HK v Secretary of State for the Home Department [2006] EWCA Civ 1037[
In common with other expert witnesses I have sometimes found that lawyers are surprised to find there are potentially important contextual factors affecting a case which they were not aware of. When they receive the expert report they are often pleasantly surprised at how much it can potentially assist them in presenting their case. Lord Justice Neuberger put the point very well in HK v Secretary of State for the Home Department [2006] EWCA Civ 1037[
[28] Further, in many asylum cases, some, even most, of the appellant’s story may seem inherently unlikely but that does not mean that it is untrue. The ingredients of the story, and the story as a whole, have to be considered against the available country evidence and reliable expert evidence, and other familiar factors, such as consistency with what the appellant has said before, and with other factual evidence (where there is any).
[29]. Inherent probability, which may be helpful in many domestic cases, can be a dangerous, even a wholly inappropriate, factor to rely on in some asylum cases. Much of the evidence will be referable to societies with customs and circumstances which are very different from those of which the members of the fact-finding tribunal have any (even second-hand) experience. Indeed, it is likely that the country which an asylum-seeker has left will be suffering from the sort of problems and dislocations with which the overwhelming majority of residents of this country will be wholly unfamiliar…
Free initial consultation
I am happy to provide a brief free initial assessment of areas I could potentially comment on prior to a formal instruction. Please contact me.
I am happy to provide a brief free initial assessment of areas I could potentially comment on prior to a formal instruction. Please contact me.
Other consultancy
I undertake a range of other consultancy, past examples of which include
- Genocide in the Middle East.
- Discrimination against Christian asylum seekers by UNHCR.
- Commissioned articles for publication
- Press and media comment
I undertake a range of other consultancy, past examples of which include
- Genocide in the Middle East.
- Discrimination against Christian asylum seekers by UNHCR.
- Commissioned articles for publication
- Press and media comment
