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.
30 October News Thomas Murray Joins EWI as a Corporate Partner Corporate Partner, membership, cyber risk We are pleased to welcome a new Corporate Partner
29 October Case Updates Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat) 05. Rules and Regulations, 10. Report Writing, 07. Working with Instructing Parties, 14. Giving Oral Evidence, 15. Criticism and Complaints The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding that the primary duty of an expert witness is not to say anything that may damage the instructing party’s case if it can be avoided.
25 October Case Updates How not to use AI in expert evidence 10. Report Writing, 15. Criticism and Complaints, 16. Maintaining your professional edge, Artificial Intelligence, AI, 09. Records Assessments and Site Visits In this US case, an expert in fiduciary services used Microsoft’s Copilot to cross-check calculations he used in expert evidence. He was unable to recall the prompts he used, state the sources Copilot relied on, or explain how the tool worked and arrived at its outputs. The judge provided some useful insight into the challenges with using AI in expert evidence.
23 October News Celebrating Success at the Sir Michael Davies Lecture 16. Maintaining your professional edge, Certification Successful Certification candidates receive their certificate from Lord Hodge.
22 October Case Updates Steven Wilson v Ministry of Justice [2024] EWHC 2389 (KB) 05. Rules and Regulations, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 15. Criticism and Complaints The defendant’s spinal cord injury expert in this case agreed early on in his cross-examination that he had lost all objectivity and independence in the case, while the defendant’s physiotherapy and accommodation experts were criticised by the judge for adopting more partisan approaches in their later evidence.
18 October News Independence, bias and conflicts of interest Conflicts of interest, Bias, Independence, Duty of Expert, Duty to the court, 05. Rules and Regulations, 10. Report Writing, 06. Receiving Instructions, Unconscious Bias Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
18 October Case Updates The Owners of the "Christos Theo" v The Owners of the "Aliki" [2024] EWHC 2106 (Admlty) 11. Responding to questions The claimants objected to the wording of a question for the expert witnesses in marine engineering because it invited the experts to express an opinion on a matter of fact which is ultimately for the court.
16 October Podcast Podcast Episode 5: Range of Opinion Range of Opinion, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 11. Responding to questions, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, Podcast Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion.
14 October News Advice on Expert Fees after CXR v Dome Holdings 05. Rules and Regulations, 01. Starting your Expert Witness Business, 02. Setting Fees and Getting Paid Many expert witnesses, primarily in medico-legal work, use a third-party organisation to help them in their practice. If you use an organisation which invoices the instructing solicitor for your services, you should be aware of legal developments which might affect the information that organisation needs to provide, in order to recover their bill as part of the legal costs recovered at the end of the case.