well if that were so my lord then there would never be any  any solicitor's negligence claims, in which any expert was ever called to give evidence  because it's always going to be eventually a matter of law as to what the defendant's duty is but what the er  what the plaintiff had not said at any stage is that a matter of law is ever going to be admissible and in fact the  is justice  our  in the course of er er a case in which he, despite expressing reservations about the admissibility of the evidence, plainly admitted it because he was  within the course of his judgement.