17 April News The importance of knowing, and complying with, the rules relating to the presentation of expert evidence Expert evidence, Compliance with court rules, Instruction from solicitor, Courtroom evidence, family court, 06. Rules and Regulations, 08. Working with Instructing Parties, 15. Giving Oral Evidence The judgement in a recent case highlights issues not only relating to the behaviour of an expert but also in regard to considerations the instructing parties must make, namely: to ensure that the expert is an appropriate expert, to instruct them properly and to ensure that the report answers the questions posed and is compliant with the rules and practice directions.
7 February Case Updates Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Independence, Urology, Colorectal surgery, 11. Report Writing, 08. Working with Instructing Parties “Who is responsible for providing the expert with copies of relevant medical and scientific publications?”
3 January Case Updates Re AB (Child Abuse: Expert Witnesses) [1994] EWHC Fam 5 Child abuse, Experts duty, Paediatrics, Brittle bone density, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties, 15. Giving Oral Evidence “The hazards of flying a kite in court”
3 January News EWI now able to assist Experts with sponsorship for CJSM applications 07. Receiving Instructions, 08. Working with Instructing Parties Members can now use the EWI to assist in sponsorship if they need to be able to use a CJSM email account to be sent evidence.
13 December News The importance of independence: preserving the integrity of the Expert Witness discussion Experts duty, Independence, Duty of Expert, Expert's meeting, Expert's duty, Experts meeting, Duty to the court, Instruction from solicitor, 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements We take a look at how the distinction between being an independent Expert Witness is crucial in a court case.
13 November News Ensure your expert has the necessary expertise for the case 06. Rules and Regulations, 08. Working with Instructing Parties Recent judgment highlights the problem when you do not instruct an expert with sufficient expertise
25 October Case Updates R v Fitzsimmons v [2022] NICC 27 Bias, Voice attribution experts, Visual identification experts, Acoustic analysis, Auditory analysis, 07. Receiving Instructions, 10. Records Assessments and Site Visits, 08. Working with Instructing Parties “Can your paper trail be followed?”
5 September News Letter reveals Expert discussed the contents of the Joint Statement with counsel 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements Another judgment has highlighted a case where an Expert has been found to be actively involving counsel by inviting feedback on their Joint Statement
10 August Case Updates Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 Hot-tubbing, Impartiality, 08. Working with Instructing Parties, 15. Giving Oral Evidence Topics: Experts’ duties Impartiality Concurrent expert evidence (‘hot-tubbing’)
13 June Case Updates HA (Expert Evidence; Mental Health) Sri Lanka [2022] UKUT 00111 (IAC) Psychology, Psychiatry, 10. Records Assessments and Site Visits, 11. Report Writing, 08. Working with Instructing Parties, 15. Giving Oral Evidence Topics: Psychiatric reports Expert’s declaration Self-report questionnaires Suicide risk General practitioner records Qualifications and experience PHQ-9 GAD-7