9 January Case Updates Judicial analysis of written expert healthcare evidence 06. Receiving Instructions This is an important judgment for experts who prepare personal injury reports in the Republic of Ireland but also for all experts, in all of the jurisdictions in the British Isles, for its description of the judicial analysis of expert evidence. It deals with procedure in Ireland for the instruction of specialist medical experts through plaintiffs’ general practitioners. Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587
27 November Case Updates T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384 05. Rules and Regulations, 10. Report Writing, 06. Receiving Instructions, 15. Criticism and Complaints, Fresh evidence on appeal The father sought permission to rely on fresh evidence that he had a diagnosis of autism spectrum disorder in an appeal against care and placement orders made in respect of his daughter. The judge reviewed the law on admitting fresh evidence on appeal before applying it to the case.
18 October News Independence, bias and conflicts of interest Conflicts of interest, Bias, Independence, Duty of Expert, Duty to the court, 05. Rules and Regulations, 10. Report Writing, 06. Receiving Instructions, Unconscious Bias Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
18 September News The Single Biggest Change White Paper 05. Rules and Regulations, 10. Report Writing, 02. Setting Fees and Getting Paid, 06. Receiving Instructions, 07. Working with Instructing Parties, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 15. Criticism and Complaints, 09. Records Assessments and Site Visits Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.
4 June Case Updates When it is advisable to decline instructions Expert evidence, Duties of the Expert, Expert Witness, 10. Report Writing, 06. Receiving Instructions, 14. Giving Oral Evidence, Property valuation Mr X accepted instructions to provide advice in property valuation despite not being an expert in that field. Kallakis v Kallakis [2023] EWHC 2148 (Comm)
21 May Helpline Q&A Availability for Court / annual leave 06. Receiving Instructions, 14. Giving Oral Evidence, Availability for Court, annual leave, holiday It is common in my practice that I have to provide dates of availability for Court listings. I plan my leave around 12-18 months in advance so that I can book trips etc but also leave adequate space available for Court listings. I am currently dealing with an instructing solicitor who is insisting that holidays / leave are not a reason to be unavailable for Court. They have quoted the case of Matthews v Tarmac.
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, 05. Rules and Regulations, 06. Receiving Instructions, 08. Being instructed as a Single Joint Expert, 12. Experts Discussions and Joint 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.
19 December Helpline Q&A When and how can an expert withdraw from a claim? expert witness practice, how to withdraw from a claim, when to withdraw from a claim, 05. Rules and Regulations, 02. Setting Fees and Getting Paid, 06. Receiving Instructions
8 December Day in the life Meet Desa Lilic, Expert Witness in Clinical Immunology 06. Receiving Instructions, 07. Working with Instructing Parties, 16. Maintaining your professional edge Desa is a Consultant Clinical Immunologist and Associate Clinical Lecturer at the Institute for Clinical & Translational Research at Newcastle University. She is an Expert Witness in Clinical Immunology and qualified as a Certified Expert Witness this year. Here, she explains why she got into expert work and why she thrives on the challenges it brings.
16 October Case Updates Jennings v Otis Ltd [2023] EWHC 2039 (KB) Negligence, Experts’ joint inspection, Accident, Engineering, 05. Rules and Regulations, 06. Receiving Instructions, 07. Working with Instructing Parties, 12. Experts Discussions and Joint Statements Witness attendance at experts’ meeting