23 July Case Updates PTSD and self-defence Hypervigilance, PTSD Self-defence Mitigation, 06. Rules and Regulations, 11. Report Writing This summary, and the learning points it sets out, will be of interest to any healthcare provider. It deal with psychiatrists and psychologists preparing reports where PTSD may be relevant when considering the state of mind at the time of an alleged offence, particularly an offence of violence. R v Mazzer [2024] EWCA Crim 557
18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 16. Criticism and Complaints, CV, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.
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.
18 June Case Updates IXF, R (On the Application Of) v Chief Constable of West Mercia Police [2023] EWHC 2793 (Admin) Psychiatry, Disability, Equality Act 2010, 11. Report Writing An expert opinion must be supported by reasoning and correctly apply the relevant legal tests.
13 June Case Updates Secretary of State for the Home Department v Bal [2023] UKAITUR UI2023001885 Psychology, Psychiatry, Duties of the Expert, Expertise, Asylum and immigration, Country experts, 11. Report Writing The report of the psychiatrist expert witness strayed outside his expertise. It did not show any clear independent knowledge, demonstrate that that he was a country expert, or provide supporting source material.
11 June Case Updates M v N (Approved) [2023] IEHC 759 Ireland, 10. Records Assessments and Site Visits, Voice of the Child, 06. Rules and Regulations, 11. Report Writing This case update gives useful guidance on preparing a 'voice of the child' report.
6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence.