Where trial counsel deliberately chooses not to object to inadmissible expert evidence for forensic reasons (here, to avoid the prosecution recalling a witness and proving additional material), no miscarriage of justice results from the admission of that evidence. In fraud cases involving alleged exploitation of elderly persons with diminished capacity, evidence from solicitors that the complainant appeared capable of giving instructions is not necessarily sufficient to raise a reasonable doubt where there is substantial competing medical and lay evidence of dementia.
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