7 March Case Updates Hyperlinks in expert reports Ireland, Expert reports, Freight and Shipping, Hyperlinks, 10. 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, 10. Report Writing, 14. 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, 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
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints 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, 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 Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Issues, Evidence, 10. Report Writing, 14. Giving Oral Evidence Failure to have regard to the Particulars of Claim
16 October Case Updates A (Article 13(b): Mental Ill-health) [2023] EWHC 2082 (Fam) Psychology, Psychiatry, 1980 Hague Convention, 10. Report Writing, 09. Records Assessments and Site Visits 1980 Hague Convention reports
16 October Case Updates Ogonowska, R v (Rev1) [2023] EWCA Crim 1021 Psychiatry, Credibility of expert, 10. Report Writing, 14. Giving Oral Evidence Judicial criticism is not fatal
16 October Case Updates GB, Re (Part 25 Application: Parental Alienation) [2023] EWFC 150 Psychology, Psychiatry, Parental alienation syndrome, 10. Report Writing, 11. Responding to questions More on parental alienation
16 October Case Updates PA011122020 [2023] UKAITUR PA011122020 Psychiatry, Risk assessment, Clinical veracity, 10. Report Writing, 07. Working with Instructing Parties, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits Even more on clinical veracity … and risk assessment