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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

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.    

Hitting all three most common compliance errors in expert reports
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Hitting all three most common compliance errors in expert reports

The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports.

Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)

GA v EL [2023] EWFC 187
Case Updates

GA v EL [2023] EWFC 187

After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case. 

The Single Joint Expert and Lord Woolf's staggered approach
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The Single Joint Expert and Lord Woolf's staggered approach

When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker.

John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)

MB v KB [2023] EWHC 3177 (Fam)
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MB v KB [2023] EWHC 3177 (Fam)

An expert report did not address all of the questions posed in the letter of instruction, reformulated other questions, and failed to comply with FPR Part 25 in a number of important ways, while the expert witness's oral evidence failed to provide an impartial expert view. 

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