6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence.
4 June Case Updates When it is advisable to decline instructions Expert evidence, Duties of the Expert, Expert Witness, 07. Receiving Instructions, Property valuation, 11. Report Writing, 15. Giving Oral Evidence 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)
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, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence 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, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing 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.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 16. Criticism and Complaints, 17. Maintaining your professional edge, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence The judge found that an expert witness's anlaysis became incoherent because he failed from the outset to take into adequate account the NICE recommendations.
7 March Case Updates Hyperlinks in expert reports Ireland, Expert reports, Freight and Shipping, Hyperlinks, 11. Report Writing The Court of Appeal of Ireland found that material hyperlinked in an expert report constitutes part of the reference matrial on wich the report is based and the court is entitled (if not expected) to review it if it has any concerns with the content of the report itself. Tesco Ireland Limited v. Stateline Transport Limited [2024] IECA 46
29 February Case Updates Aston Risk Management Ltd v Lee Jones & Ors [2024] EWHC 252 (Ch) Independence, Forensic accountancy, Quantum, 11. Report Writing, 15. Giving Oral Evidence The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 16. Criticism and Complaints, 11. Report Writing, 13. Experts Discussions and Joint Statements The judge made it clear to the parties that the expert evidence must be condensed and translated into a form which is manageable and proportionate to the court's enquiry. L v O [2024] EWFC 6
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
19 January Case Updates Experts making the evidence fit their own conclusions do not meet their duty to the Court Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 13. Experts Discussions and Joint Statements A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. LCC v V & B [2023] EWFC 268 (18 August 2023)