25 July Day in the life A Day in the Life of a Forensic Engineering Expert 11. Report Writing, 01. Starting your Expert Witness Business, 12. Responding to questions, 15. Giving Oral Evidence, Tom Magner, Forensic engineering expert 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.
18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints, CV A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.
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, 06. Rules and Regulations, 11. Report Writing, 12. Responding to questions, 15. Giving Oral Evidence, 16. Criticism and Complaints, Gareth Jenkins, Expert Witness Training 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, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge 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)
1 July News The Post Office Horizon IT Inquiry and the importance of Expert Witness training Duty of Expert, Duty to the court, Post Office Horizon IT Inquiry, Post Office Scandal, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 17. Maintaining your professional edge, Gareth Jenkins Gareth Jenkins gave evidence to the Post Office Horizon IT Inquiry from 25 to 28 June on the expert evidence he provided on the Horizon IT system. Mr Jenkins told the Inquiry that he had been unaware of his duties as an Expert Witness and had not been offered any training to support his role. The EWI offers comprehensive training on the core competencies of an Expert Witness. We urge policy and rule makers, and the judiciary, to consider how to ensure that Expert Witnesses fully understand their duties and know how to apply them.
27 June Case Updates G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) Single joint expert, 15. Giving Oral Evidence, 16. Criticism and Complaints, Family Procedure Rules, FPR, Expert anonymity, Parenting capacity, remote attendance, Independent social worker, CVP An expert must read and engage with any judgments which form part of their instructions.
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 06. Rules and Regulations, 11. Report Writing, 09. Being instructed as a Single Joint Expert, 15. Giving Oral Evidence, 16. Criticism and Complaints, Family Procedure Rules, FPR An expert report did not address all of the questions posed in the letter of instruction, reformulated other questions, and failed to comply with FPR Part 25 in a number of important ways, while the expert witness's oral evidence failed to provide an impartial expert view.
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 14. Changing your opinion, 15. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
20 June News Expert Evidence and The Post Office Horizon IT Inquiry Post Office Horizon IT Inquiry, Post Office Scandal, Jason Coyne, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, Kay Linnell, Gareth Jenkins The Post Office Horizon IT Inquiry is currently holding the public hearings for its phases 5 and 6, which will include scrutiny of the expert evidence relied on by the Post Office. We are proud that two members of EWI provided excellent, independent expert evidence or expert advice on the Horizon case. Their roles in the case demonstrate how important it is for Expert Witnesses to understand and apply the core competencies of the profession.