“…are inadmissible in subsequent proceedings. The modern and most oft cited formulation of the rule is in the judgment of Christopher Clarke LJ in Rogers v Hoyle [2014] EWCA Civ 257 who noted that the rule had been extended to findings of facts of arbitrators (Land Securities v Westminster City Council [1993] 1 WLR 286), coroners (Bird v K…”
“…, where they descend into advocacy, is a different matter. The approach of the Court of Appeal is instructive. Lord Justice Christopher Clark in Hoyle v Rogers [2014] EWCA Civ 257 at para 52 said that the approach to overreaching opinions was “for the whole document to be before the court and for the judge at trial to take account of the…”
“…e at all as evidence against them in this action in accordance with the rule in Hollington v Hewthorn[1943] 1 KB 587, considered more recently in Rogers v Hoyle[2014] EWCA Civ 257, [2015] QB 265 and Ward v Savill[2021] EWCA Civ 1378. Who is right about this is due to be determined at a hearing in February 2022 at which the claimants will…”