18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints, CV A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.
12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports. Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 06. Rules and Regulations, 09. Being instructed as a Single Joint Expert, 12. Responding to questions, 13. 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)
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 06. Rules and Regulations, 11. Report Writing, 09. Being instructed as a Single Joint Expert, 15. Giving Oral Evidence, 16. Criticism and Complaints, Family Procedure Rules, FPR 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.
11 June Case Updates M v N (Approved) [2023] IEHC 759 Ireland, 06. Rules and Regulations, 11. Report Writing, 10. Records Assessments and Site Visits, Voice of the Child This case update gives useful guidance on preparing a 'voice of the child' report.
6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 06. Rules and Regulations, 11. Report Writing, 16. Criticism and Complaints 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.
28 May Case Updates Expert evidence of fact Expert evidence, 06. Rules and Regulations, Expert evidence of fact, VAT This is another case that illustrates how (at least) two forms of expert evidence can be distinguished: expert factual and expert opinion evidence. Mercy Global Consult Ltd v Adegbuyi-Jackson [2023] EWHC 3203 (Ch)
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, 06. Rules and Regulations, 07. Receiving Instructions, 09. Being instructed as a Single Joint Expert, 13. 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.
3 May Case Updates Wambura v Barrick TZ Ltd [2023] EWHC 2582 (KB) Admissibility of expert evidence, Expert Witness CV, First time expert, Professional membership, 06. Rules and Regulations, 01. Starting your Expert Witness Business The case involved the question of whether the claimants should have permission to call expert security evidence.