What is the effect of opinion of the experts upon the court?

Expert opinion is relevant assistance to the court, rather than a binding determination of the issue. The judge must assess its reasons, reliability and consistency with the other evidence, and can reach a contrary conclusion with an adequate evidentiary basis. Therefore both its advisory character and the court’s ability to disagree are correct.

Current law: BSA section 39 continues expert opinion as relevant evidence, and section 45 concerns the grounds of the opinion. Relevance does not make the opinion conclusive. Section 170 preserves the prior evidence law for qualifying pending proceedings.