11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 10. Report Writing, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. Experts Discussions and Joint Statements, Daniels v. Walker 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.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 05. Rules and Regulations, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. Experts Discussions and Joint Statements, Daniels v. Walker 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)
4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 12. Experts Discussions and Joint Statements 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)
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.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints 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
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, 05. Rules and Regulations, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints 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)
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
16 October Case Updates OXR v Mid and South Essex Hospital NHS Foundation Trust [2023] EWHC 2006 (KB) Negligence, Medical expert, ENT surgery, 13. Changing your opinion, 12. Experts Discussions and Joint Statements Openness and reliance on the views of unidentified colleagues
8 August Case Updates Deltchinov v Alliance Insurance PLC, Case No. G70YX802 (Central London County Court, unreported, 18 May 2023) Medical records, Medical experts, Fundamental dishonesty, 10. Report Writing, 12. Experts Discussions and Joint Statements, 09. Records Assessments and Site Visits “Fundamental dishonesty”
8 August Case Updates Chapman v Mid & South Essex NHS Foundation Trust [2023] EWHC 1290 (KB) Negligence, Literature, Pain Medicine, Disc prolapse, 10. Report Writing, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence “Going weak at the knees - allegedly negligent delayed diagnosis and treatment of a thoracic disc prolapse”