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.
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, 06. Rules and Regulations, 11. Report Writing, 16. Criticism and Complaints 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.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge 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.
13 March Day in the life A Day in the Life of a Threat, Risk and Harm Consultant, Expert Evidence Trainer, and Expert Witness Crime, Policing, Drug Trafficking, Threat Risk and Harm, Expert Evidence Trainer, Expert Witness, 11. Report Writing, 01. Starting your Expert Witness Business, 17. Maintaining your professional edge, 10. Records Assessments and Site Visits EWI Honorary Fellow Tony Saggers has been a drug trafficking Expert Witness since 1995, alongside a career in law enforcement that spanned 30 years. Formerly the National Crime Agency’s Head of Drugs Threat and Intelligence, he now runs a consultancy providing anti-organised crime strategy solutions, child safeguarding from criminal exploitation advice, and Expert Witness training. Here, he provides a glimpse into his long and varied career and explains the importance of impartiality, communication, and evolution in the Expert Witness field.
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.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. 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, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, 16. 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, 06. Rules and Regulations, 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. 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)
21 December News 2023 in Review: Don’t let complacency ruin your credibility 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 17. Maintaining your professional edge EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.