Case Updates

The court could see no basis on which the plaintiffs could seek to rely on any agreement reached between the experts as to the underlying facts.

Nolan v Dildar Ltd (Approved) [2024] IEHC 4 

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)

The experts in this case appear to have set out a joint statement in the form of a Scott schedule. Unfortunately one of the experts used his column to set out lengthy texts and seemingly seeking to use the statement as a Trojan horse by which to introduce evidence that the court has excluded.

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) 

The court considered that there was some substance to the criticisms of an accident and emergency expert for not dealing with matters in his primary report which he then agreed in the joint report with the opposing expert (who had included the issues in his primary report). These were however criticisms for failing to deal with points, rather than criticisms of the opinions he actually expressed in his primary report.

The Lady Chief Justice has issued an amendment to the Criminal Practice Directions which comes into force on 22 July 2024. Experts working under the Criminal Procedure Rules should be aware of changes to the rules relating to joint statements. 

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)

The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. 

Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)

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.