12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 16. Criticism and Complaints, 17. Maintaining your professional edge, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence 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)
27 June Case Updates G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) Single joint expert, 16. Criticism and Complaints, Family Procedure Rules, FPR, Expert anonymity, Parenting capacity, remote attendance, Independent social worker, CVP, 15. Giving Oral Evidence An expert must read and engage with any judgments which form part of their instructions.
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 09. Being instructed as a Single Joint Expert, 16. Criticism and Complaints, Family Procedure Rules, FPR, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence 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.
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 14. Changing your opinion, 15. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
4 June Case Updates When it is advisable to decline instructions Expert evidence, Duties of the Expert, Expert Witness, 07. Receiving Instructions, Property valuation, 11. Report Writing, 15. Giving Oral Evidence Mr X accepted instructions to provide advice in property valuation despite not being an expert in that field. Kallakis v Kallakis [2023] EWHC 2148 (Comm)
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)
17 April Case Updates R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported Psychiatry, Duty to the court, Interviewing witnesses, Public interest, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.
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.
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.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence 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)