8 August Case Updates RN, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) [2023] EWCA Civ 882 Psychology, Psychiatry, Psychiatric Injury, Physical Injury, CICA claims, 06. Rules and Regulations “Is a psychiatric injury a physical injury?” This case is probably of more relevance to those who instruct experts in CICA claims than to experts. However, if you do report in such a case, you may provide the expert evidence upon which the Court of Appeal relies when it finally resolves this issue.
8 August Case Updates Scarcliffe v Brampton Valley Gp Ltd [2023] EWHC 1565 (KB) Care, Change of opinion, Orthopaedics, Team membership, Biopsychosocial model, 10. Records Assessments and Site Visits, 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties “When the facts change, I change my mind. What do you do, sir” (John Maynard Keynes)
8 August Case Updates Deltchinov v Alliance Insurance PLC, Case No. G70YX802 (Central London County Court, unreported, 18 May 2023) Medical records, Medical experts, Fundamental dishonesty, 10. Records Assessments and Site Visits, 11. Report Writing, 13. Experts Discussions and Joint Statements “Fundamental dishonesty”
8 August Case Updates R (on the application of Wynne) v Secretary of State for Justice [2023] EWHC 1111 (Admin) Psychology, Psychiatry, Parole Board, 06. Rules and Regulations “Parole Board needs expert assistance”
8 August Case Updates O'Brien v Byrne [2023] IEHC 367 Expert’s declaration, Recording the investigation, Field of competence/expertise, 10. Records Assessments and Site Visits, 11. Report Writing “Engineering opinion on loss of consciousness”
8 August Case Updates Warrington Borough Council v Y [2023] EWCOP 27 Care, Psychology, Psychiatry, Capacity, Residence, Frontal lobe damage, Frontal lobe paradox, 10. Records Assessments and Site Visits, 11. Report Writing “Aim for magnetic north in capacity cases”
8 August Case Updates Palmer v Mantas [2022] EWHC 90 (QB) Part 35, Personal injury, Bias, Language, Exaggeration / Dishonesty, Preparation for a personal injury assessment, 10. Records Assessments and Site Visits, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence “Mind your language and avoid pre-judging the claimant”
8 August Case Updates JAI v Secretary of State for the Home Department [2023] UKAITUR PA037092020 Medical records, Immigration and asylum, 11. Report Writing “The importance of the medical records”
8 August Case Updates R v Hussain [2023] EWCA Crim 697 Psychology, Psychiatry, Compliance, Covid-related limitations, Callousness, Flat affect, 10. Records Assessments and Site Visits “Remote (video) assessment challenged” Here is an unsuccessful attempt to challenge an expert’s evidence on the basis that it was obtained as a result of “Covid-related limitations” in that the expert assessed the accused remotely.
8 August Case Updates Chapman v Mid & South Essex NHS Foundation Trust [2023] EWHC 1290 (KB) Negligence, Literature, Pain Medicine, Disc prolapse, 11. Report Writing, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence “Going weak at the knees - allegedly negligent delayed diagnosis and treatment of a thoracic disc prolapse”