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, 07. Receiving Instructions, 09. Being instructed as a Single Joint Expert, 06. Rules and Regulations, 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.
1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant, 06. Rules and Regulations, 15. Giving Oral Evidence A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)
25 April Case Updates A court cannot ignore an unchallenged expert report Uncontested evidence, TUI UK Ltd v Griffiths, Dangerous Dogs Act 1991, 06. Rules and Regulations The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence, 03. Setting Fees and Getting Paid, 06. Rules and Regulations The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
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.
8 April Case Updates Dr Vanessa Hill v Touchlight Genetics Limited [2024] EWHC 533 (Pat) Patent Law, Scientific Advisor, Senior Courts Act 1981, 06. Rules and Regulations In considering whether to appoint a scientific advisor or order the exchange of expert evidence, the judge in a patent case considered the dividing line between the two roles.
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.
14 March Case Updates Brendon International Limited v Water Plus Limited & Anor [2024] EWCA Civ 220 CPR, Civil Procedure Rules, Civil Evidence Act 1972, Wastewater, 06. Rules and Regulations The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.
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.