Perhaps worryingly however, in approving a passage from the American case of Daubert v Merrell Dow Pharmaceuticals, the court chose not to give regard to any of the factors for admittance that the American courts had used. These include whether a given technique can be independently tested, whether it has been published in accredited journals and peer-reviewed, and whether it is generally accepted.[26] Without having regard to these factors, the Court of Appeal decided controversially that ear-print identifications were admissible, despite a general consensus as to their ability to identify individuals uniquely. The same principles were approved in R v Luttrell,[27] where the Court established that in some occasions, the reliability of expert evidence would not affect its admissibility, but merely require a warning as to its shortcomings and error rate in the form of jury instructions.[28]