8 April Case Updates Dr Vanessa Hill v Touchlight Genetics Limited [2024] EWHC 533 (Pat) Patent Law, Scientific Advisor, Senior Courts Act 1981, 05. Rules and Regulations In considering whether to appoint a scientific advisor or order the exchange of expert evidence, the judge in a patent case considered the dividing line between the two roles.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. 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.
14 March Case Updates Brendon International Limited v Water Plus Limited & Anor [2024] EWCA Civ 220 CPR, Civil Procedure Rules, Civil Evidence Act 1972, Wastewater, 05. Rules and Regulations The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.
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, 10. Report Writing, 01. Starting your Expert Witness Business, 16. Maintaining your professional edge, 09. 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, 10. 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, 10. Report Writing, 14. 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.
27 February Case Updates T.U. -v- International Protection Appeals Tribunal & Anor Asylum cases, Ireland, International Protection Appeals Tribunal, 05. Rules and Regulations The High Court of Ireland found that the Irish International Protection Appeals Tribunal's duty to cooperate required it offer the applicant the chance to obtain (or have obtained by the Tribunal) a medico-legal report on injuries which had come to light during the hearing.
15 February News Forensic Science Regulator consultation on the code of practice Consultation, forensic science, Code of Practice, forensic science regulator, 05. Rules and Regulations The Forensic Science Regulator is consulting on the draft for the development of version 2 of the forensic science code of practice.
15 February Case Updates The direction of a Single Joint Expert should be the default position in the Family Court Single joint expert, Family Law, family court, 05. Rules and Regulations, 08. Being instructed as a Single Joint Expert In BR v BR [2024] EWFC 11, Mr Justice Peel concludes that the direction of a Single Joint Expert is the default position in the Family Court and there is a high bar to persuade the court to give permission for two or more experts to be solely instructed.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. 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