1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant 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)
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert 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 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)
28 September Giving Oral Evidence Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself Expert evidence, Cross-examination, Expertise Remember the duties of the expert as set out in CPR Pt 35 and Practice Direction 35. Don't stray into giving evidence on matters falling outside your expertise.
26 May Industry News Easy, Tiger! Expert evidence, duty to restrict evidence, CPR Expert evidence must always be firmly tied to an issue which arises in the case.
17 April Giving Oral Evidence The importance of knowing, and complying with, the rules relating to the presentation of expert evidence Expert evidence, Compliance with court rules, Instruction from solicitor, Courtroom evidence, family court The judgement in a recent case highlights issues not only relating to the behaviour of an expert but also in regard to considerations the instructing parties must make, namely: to ensure that the expert is an appropriate expert, to instruct them properly and to ensure that the report answers the questions posed and is compliant with the rules and practice directions.
6 February Case Updates Declan Colgan Music Ltd v Umg Recordings, Inc [2023] EWHC 4 (Ch) General, Admissibility, Expert evidence, Fact v opinion “Are experts limited to giving evidence of opinion?”
7 December Industry News The short answer is No Should you challenge an expert's view without calling them to court? Expert evidence, Expert Report
7 December Industry News Attack on expert's credibility rejected Expert evidence, Credibility, Cross-examination, reliability We have often drawn attention to cases in which claims regarding experts’ unreliability were supported, so we feel it is important to highlight counter-examples
4 October Giving Oral Evidence EVANS v R&V ALLGEMEINE VERSICHERUNG AG [2022] EWHC 2436 (QB) Expert evidence, Expert Report, Foreign jurisdiction A claimant who had been injuired in a road traffic accident in Germany issued proceedings in England and the matter proceeded to trial. The defendant's expert witness's report had been translated from German and had been certified as correct.