Case Updates

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.

The detail of this judgment will mainly be of interest to paediatricians, radiologists and clinical pharmacologists as it is another case in which there has been an issue as to the effects of proton pump inhibitors on bone growth. There are some learning points of more general application arising out of the criticisms of the experts and particularly relevant to all single joint experts, not just jointly appointed experts in the Family Court.

Re M (A Child) (Non-Accidental Injuries; Wider Canvas) [2024] EWFC 209 (B)

Acting as a Single Joint Expert can be more challenging than being a party appointed expert. The EWI has resources to support you, but why not start by reading our ten tips.

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project management standards of fitted kitchens, bathrooms, any other fitted furniture projects. One of the only Expert Witnesses in his field, he tells us about how he got into it, his experience in the witness box, and the importance of good training.

Simon and Sean discuss Single Joint Experts and catch up with two EWI members who act as Single Joint Experts to hear about their experiences, the challenges they face, and their tips and advice. 

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. 

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)

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. 

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. 

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.