17 July Case Updates X and Y (Care Proceedings: Publication of Judgment: Criticism of Expert Witness), Re guidance, 16. Criticism and Complaints, ECHR, 06. Rules and Regulations, General Medical Council In her judgment on X and Y (Care Proceedings: Fact Finding: Death of a Child), the Judge was highly critical of the evidence and conduct during proceedings of one of the expert witnesses, a consultant neurosurgeon, Mr M. This judgment, which should be read alongside the earlier judgment, dealt with whether Mr M should be named within that published judgment.
14 July Case Updates Evie Toombes v Dr Mitchell [2021] EWHC 3234 (QB): Key Lessons for Expert Witnesses Across All Disciplines Consultation, guidance, 10. Records Assessments and Site Visits, Congenital Disabilities (Civil Liability) Act 1976, Folate The decision in Evie Toombes v Dr Mitchell [2021] EWHC 3234 (QB) offers important lessons for expert witnesses across all disciplines. Although the case arose from a routine primary care consultation on pre-conception folic acid advice, the legal principles extend well beyond general practice. The case centred on an apparently straightforward clinical encounter that raised significant issues of duty of care, foreseeability, causation, and the standard of care. For expert witnesses, the judgment reinforced the importance of objective, evidence based opinions, careful analysis of contemporaneous records, and clear reasoning.