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.

This case is primarily of interest to obstetricians, illustrating the court’s approach to the disputed interpretation of cardiotocographic evidence. There were no midwifery issues as such, but it may be of some interest to midwifery experts. The general learning points speak for themselves without reading the summary.

Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil proceedings. 

The Forensic Science Regulator has updated its Guidance on Declarations of Compliance and Non-Compliance with the Forensic Science Regulator: Code of Practice. 

NHS have announced the implementation of a new Clinical Negligence Claims Agreement for 2024. The agreement builds on the Covid-19 Clinical Negligence Protocol established in 2020 with the aim of improving claims management practices. Members who act in clinical negligence cases should note the new agreement, although it does not directly affect expert witnesses. 

The detail of this judgment will mainly be of interest to paediatricians, radiologists and clinical pharmacologists as it is another case in which there has been an issue as to the effects of proton pump inhibitors on bone growth. There are some learning points of more general application arising out of the criticisms of the experts and particularly relevant to all single joint experts, not just jointly appointed experts in the Family Court.

Re M (A Child) (Non-Accidental Injuries; Wider Canvas) [2024] EWFC 209 (B)

Acting as a Single Joint Expert can be more challenging than being a party appointed expert. The EWI has resources to support you, but why not start by reading our ten tips.

This is an important case because it corrects a misunderstanding about the test for capacity. There has been an established view that the Mental Capacity Act contains a ‘belief’ requirement. That is wrong.

Hemachandran v Thirumalesh [2024] EWCA Civ 896

The experts in this case appear to have set out a joint statement in the form of a Scott schedule. Unfortunately one of the experts used his column to set out lengthy texts and seemingly seeking to use the statement as a Trojan horse by which to introduce evidence that the court has excluded.

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) 

The judge noted that that the manner in which two Expert Witnesses in Chartered Surveying gave their evidence was more advocacy than opinion, with one expert’s report reading more like a skeleton argument.