18 September News The Single Biggest Change White Paper 03. Setting Fees and Getting Paid, 07. Receiving Instructions, 09. Being instructed as a Single Joint Expert, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties, 12. Responding to questions, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.
29 August Case Updates Haywood v Ritchie & Ors (t/a as H Ritchie & Sons) [2005] NIQB 42 Personal injury, Medical expert, Northern Ireland, 06. Rules and Regulations, 12. Responding to questions This case concerns three important issues in personal injury litigation in Northern Ireland: the extent of the plaintiff’s medical records to which an expert can have access; what the expert can ask about how the injury was sustained; and whether a plaintiff can refuse to be assessed by a particular expert.
27 August Case Updates Jonathan Ewan Marcus v Edward Quintin Marcus [2024] EWHC 2086 (Ch) 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 12. Responding to questions In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.
25 July Day in the life A Day in the Life of a Forensic Engineering Expert 01. Starting your Expert Witness Business, Tom Magner, Forensic engineering expert, 11. Report Writing, 12. Responding to questions, 15. Giving Oral Evidence Tom Magner provides independent technical assistance as an Expert Witness. Specialising in the forensic investigation of mechanical, electrical, and chemical incidents, Tom has carved out a niche working on holiday and travel claims in civil cases and, on occasion, fatal incidents in foreign criminal courts. He gives us an insight into his varied career; explains why he now speaks native-level Spanish; and shares his tips for going to court.
12 July Podcast Podcast Episode 2: The Post Office Horizon IT Inquiry and the importance of Expert Witness training Post Office Horizon IT Inquiry, Post Office Scandal, 16. Criticism and Complaints, Gareth Jenkins, Expert Witness Training, 06. Rules and Regulations, 11. Report Writing, 12. Responding to questions, 15. Giving Oral Evidence Simon and Sean discuss the importance of Expert Witness training in the context of Gareth Jenkins' evidence at the Post Office Horizon IT Inquiry and some recent judgments.
12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 16. Criticism and Complaints, 17. Maintaining your professional edge, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports. Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)
11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 11. Report Writing, 12. Responding to questions, 13. Experts Discussions and Joint Statements After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 06. Rules and Regulations, 12. Responding to questions, 13. Experts Discussions and Joint Statements When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker. John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)
10 May Case Updates O v O [2023] EWFC 161 Expert evidence, Single joint expert, Questions to expert, Chartered Building Surveyor, 09. Being instructed as a Single Joint Expert, 12. Responding to questions A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.
16 October Case Updates GB, Re (Part 25 Application: Parental Alienation) [2023] EWFC 150 Psychology, Psychiatry, Parental alienation syndrome, 11. Report Writing, 12. Responding to questions More on parental alienation