13 May Case Updates Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm) Civil Procedure Rules, CPR rule 35.10, Litigation privilege, Joint Expert Statements The judge considered, but did not reach a conclusion on, whether a party's communications with their expert before a joint meeting of experts should be disclosed.
10 May Case Updates O v O [2023] EWFC 161 Expert evidence, Single joint expert, Questions to expert, Chartered Building Surveyor, 07. Being instructed as a Single Joint Expert, 10. Responding to questions A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.
3 May Case Updates Wambura v Barrick TZ Ltd [2023] EWHC 2582 (KB) Admissibility of expert evidence, Expert Witness CV, First time expert, Professional membership The case involved the question of whether the claimants should have permission to call expert security evidence.
1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)
25 April Case Updates A court cannot ignore an unchallenged expert report Uncontested evidence, TUI UK Ltd v Griffiths, Dangerous Dogs Act 1991 The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
17 April Case Updates R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported Psychiatry, Duty to the court, Interviewing witnesses, Public interest The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.
11 April Case Updates Dusko Knezevic v The Government of the Republic of Montenegro [2024] EWHC 761 (Admin) Extradition case, Extradition, Expert Report, Expertise, Extradition Act 2003, Montenegro, Convention for the Protection of Human Rights and The qualifications and experience of an expert in an extradition appeal did not demonstrate that he was an expert on the issues before the court.