1 March Case Updates A Clinical Commissioning Group v AF [2020] EWCOP 16, 2020 WL 01494079 Capacity cases, Best interest, 10. Records Assessments and Site Visits, 11. Report Writing “Avoiding a macabre experiment” Relevance: Capacity cases Topics: Best interests
1 March Case Updates FXF v Ampleforth Abbey Trustees [2020] EWHC 791 (QB), 2020 WL 01663316 Historic, Child abuse, Limitation, Causation, 06. Rules and Regulations, 11. Report Writing “The Savile effect” Relevance: Historic child abuse Topics: Limitation Causation
1 March Case Updates Walaszczyk v Regional Court of Law in Czestochowa, Poland [2020] EWHC 849 (Admin), 2020 WL 01695206 Extradition case, Mental disorder, Threshold level, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 11. Report Writing Relevance: Extradition cases Topic: Threshold level of mental disorder necessary to prevent extradition
1 March Case Updates General Medical Council v Zafar [2020] EWHC 846 (Admin), [2020] 4 WLUK 134 Impartiality, Dishonesty, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties, 15. Giving Oral Evidence “Factory work” Relevance: General Topic: Impartiality Dishonesty
1 March Case Updates McLennan v General Medical Council [2020] CSIH 12 [2020] 4 WLUK 119 Covert recording, Report drafting, Consultation, Doctor, 10. Records Assessments and Site Visits, 11. Report Writing “Trust me, I’m a doctor” Relevance: General. Topic: Report drafting (accuracy). Covert audio recording of consultation
1 March Case Updates Mitrasinovic v Stroud [2020] EWHC 914 (QB), 2020 WL 01894725 11. Report Writing, 15. Giving Oral Evidence “What is the capital of France?” Relevance: General Topic: Report writing Oral testimony
1 March Case Updates Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 Personal injury, Legal test, Wasted cost order, Negligence, 06. Rules and Regulations, 11. Report Writing ‘The cost of Iicompetence’ Relevance: General; Personal injury (negligence) Topic: Legal tests for negligence Wasted costs order against expert witness
1 March Case Updates R v Foy [2020] EWCA Crim 270, 2020 WL 00927442 Admissibility, Behaviour of expert, Psychiatric evidence, Ultimate issue, Criminal, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence “Expert shopping” Relevance: General; criminal Topics: Admissibility of fresh psychiatric evidence; ultimate issue; behaviour of expert
31 December Case Updates Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 980 (QB), 2019 WL 01643863 Personal injury, Recovery of damages, Pathological grief, 10. Records Assessments and Site Visits, 11. Report Writing “When is a mental disorder not a mental disorder?” Relevance: Personal injury cases involving bereavement Topic: Recovery of damages for pathological grief
5 November News Essential Do’s and Don’ts for Expert Witnesses 07. Receiving Instructions, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties, 12. Responding to questions, 15. Giving Oral Evidence The expert is now closely regulated by the rules. Provided that they conduct themselves in an honest, competent and careful professional manner they are unlikely to transgress the rules. However, experience has shown that there are pitfalls, pitfalls which may have serious consequences.