29 November Case Updates Expert appoints herself as social worker, psychologist, therapist and judge Independence, Unregulated Experts, 05. Rules and Regulations, 15. Criticism and Complaints At a time when psychologists in particular are concerned about psychological evidence being given by psychologists who are unregulated, this case illustrates the risks when an ‘independent’ social worker gives psychological evidence. The learning points are of general application. The specifics of the case are for psychologists, psychiatrists and social workers. Coventry City Council v XX [2024] EWFC 249 (B)
27 November Case Updates T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384 05. Rules and Regulations, 10. Report Writing, 06. Receiving Instructions, 15. Criticism and Complaints, Fresh evidence on appeal The father sought permission to rely on fresh evidence that he had a diagnosis of autism spectrum disorder in an appeal against care and placement orders made in respect of his daughter. The judge reviewed the law on admitting fresh evidence on appeal before applying it to the case.
21 November Case Updates Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? Range of Opinion, Cross-examination, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, 15. Criticism and Complaints The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves. Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB)
19 November News Procedure for Determining Mental Capacity in Civil Proceedings litigation capacity, Civil Justice Council A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental capcity in civil proceedings. The working group notes this has been addressed to date by ad hoc solutions which have led to inefficiency, inconsistency of practice, and actions being taken without a clear legal basis.
19 November Case Updates When the joint statement is no more than really two statements, one from each expert. 10. Report Writing, 12. Experts Discussions and Joint Statements, Cryptocurrency The 'joint statement' prepared by two blockchain experts was really two statements, one from each expert. Fabrizio D'Aloia v Persons Unknown Category A & Ors [2024] EWHC 2342 (Ch)
15 November Podcast Podcast Episode 6: In Conversation with Giles Eyre Expert Witness Institute, Expert Witness Trainer, Giles Eyre In the 6th Episode of the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI trainer at the end of this year. Giles offers invaluable insights and advice on the common mistakes experts make, how to handle giving a range of opinion, the key things that make a good report, ensuring confidence in the courtroom and cross-examinations, along with lots of other great learning points. This podcast is an essential listen for Expert Witnesses, and anyone thinking of the entering the profession.
14 November Case Updates The dangers of a considerable burden of expert work Orthopaedics, Paediatrics, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints, Pathology, Histopathology, Radiology The court found that a highly respected and hugely experienced histopathologist expert witness, who was overburdened with work, had made errors in his examination of the forensic material and closed his mind to possible or probable accidental causes for the injuries identified. London Borough of Hammersmith and Fulham v G [2024] EWHC 2200 (Fam)
6 November Case Updates Preliminary (pre-report) experts’ meetings 05. Rules and Regulations, 12. Experts Discussions and Joint Statements, Technology and Construction Court Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This case referred to a circumstance more commonly, or perhaps seldom otherwise, encountered in the Technology and Construction Court.
5 November Day in the life A Day in the Life of a Medicolegal Expert Witness Medico-legal, 14. Giving Oral Evidence, Opthamology Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20 years. Here, she explains how she got involved in expert work, why it keeps her interested, and shares her advice for other medical professionals interested in getting into the Expert Witness world.
1 November Case Updates Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Fitness to plead, Capacity, 10. Report Writing, 11. Responding to questions This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an important judgment for any psychiatrist called upon to assess fitness to plead and stand trial in a criminal case or litigation capacity in a civil case; and important also for any psychologist whose evidence may be considered in such a case. It is not just because it compares the tests for fitness to plead and stand trial and litigation capacity; it is a rare illustration of not only how a judge at first instance assesses expert evidence in such a case but also of how the court of appeal analyses the judicial reasoning when such a case is appealed.