A deficient capacity assessment A deficient capacity assessment

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct...
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The Isolation of Experts The Isolation of Experts

The Isolation of Experts

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go...
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Competition Appeal Tribunal Practice Direction on Expert Evidence Competition Appeal Tribunal Practice Direction on Expert Evidence

Competition Appeal Tribunal Practice Direction on Expert Evidence

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to...
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Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513 Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

The Claimant defaulted on a loan secured by a mortgage on a warehouse building. It disagreed with the Receiver's approach to marketing the...
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D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663
Case Updates

D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663

Literature, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence

This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.    

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