12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 16. Criticism and Complaints, 11. Report Writing, 13. Experts Discussions and Joint Statements 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
8 February Case Updates Yesss (A) Electrical Ltd v Martin Warren [2024] EWCA Civ 14 CPR, 06. Rules and Regulations A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.
1 February Case Updates An expert who oversteps their role puts their evidence at risk Clinical psychology, Duty of Expert, Duty to the court, Judicial critism, European Convention on Human Rights, Humans Rights Act 1998, Gender Recognition Act 2004, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, 06. Rules and Regulations An expert who does not understand their duty to be independent, and oversteps their role, risks the court either refusing to admit their evidence or placing less weight upon it. Ryan Castellucci, R (on the application of) v Gender Recognition Panel [2024] EWHC 54 (Admin)
30 January Case Updates Jagger (& others) -v- Axa Insurance PLC Credibility, Criticism of a party's legal team, CPR Part 35, Judicial critism, Cavity Wall Insulation, Construction, 06. Rules and Regulations The Claimants' solicitors abused the Court's process by issuing claims based on the evidence of an expert when there were significant concerns as to his independence in a previous case and therefore his understanding of his duty to the Court as an expert.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence 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, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 13. Experts Discussions and Joint Statements 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)
11 January News Psychiatrist removed from the GMC Register following misconduct as an Expert Witness 16. Criticism and Complaints Case demonstrates the importance of understanding your role as an Expert Witness.
4 January News Scottish Civil Justice Council publish consultation analysis Scottish Civil Procedure, Scotland, 06. Rules and Regulations Indications are that the next draft will contain more detail on Expert Evidence.
21 December News 2023 in Review: Don’t let complacency ruin your credibility 17. Maintaining your professional edge, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.
20 December News Expert Evidence and the Intermediate Track 06. Rules and Regulations, 11. Report Writing EWI CEO Simon Berney-Edwards outlines the Rules and Practice Directions governing Expert Evidence in the new Intermediate track for Civil Claims and provides guidance for members. Recorded 20/12/23.