Questions and Answers

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.

“What is the purpose of the joint statement?”

Benjamin Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565(KB) provides important direction and lessons to be learned for Expert Witnesses

We take a look at how the distinction between being an independent Expert Witness is crucial in a court case.

Relevance:                 General

Topics:                       Joint statements

                                    Instructions (privilege)

Another judgment has highlighted a case where an Expert has been found to be actively involving counsel by inviting feedback on their Joint Statement

Rules and Regulations relating to Experts' Meetings and Discussions under the Family Procedure Rules

Rules and Regulations relating to Experts' Meetings and Discussions under the Civil Procedure Rules

I am currently producing a Joint Statement with another Expert.

For a joint discussion with a counterpart expert witness the agenda states “Experts are reminded that the test by which the Claimant’s claims will be judged is one of reasonable need”.

Relevance:      General

Topics:            Disclosure of instructions

                        Disclosure of documents relied upon

                        Retention of records of investigations carried out

                        Cooperation with the adverse party’s experts           

                        Guidance for the Instruction of Experts in Civil Claims 2014

                        CPR Part 35

                        TCC Guide

                        Independence

                        Experts meetings

Relevance:      Neuropsychiatry

           Neuropsychology

           Psychiatry

           Psychology

Topics:            Amnesia

         Brain damage

                        Head injury

                        Somatisation

                        Experts’ meeting

                        Exaggeration / dishonesty

                        Neuropsychological testing

Relevance:      General

Topics:            Independence

                        Change of opinion

                        Range of opinion

                        Criticism of a party’s legal team

The case: Appeals against convictions relating to the selling of carbon credits.