17 April Case Updates R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported Psychiatry, Duty to the court, Interviewing witnesses, Public interest, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. Maintaining your professional edge The judge found that an expert witness's anlaysis became incoherent because he failed from the outset to take into adequate account the NICE recommendations.
29 February Case Updates Aston Risk Management Ltd v Lee Jones & Ors [2024] EWHC 252 (Ch) Independence, Forensic accountancy, Quantum, 10. Report Writing, 14. Giving Oral Evidence The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints 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)
21 December News 2023 in Review: Don’t let complacency ruin your credibility 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 16. Maintaining your professional edge EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.
27 November Day in the life Meet Norman Lynagh, Chartered Meteorologist and Expert Witness. 05. Rules and Regulations, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits Norman Lynagh is the founder of Norman Lynagh Weather Consultancy, a leading independent provider of weather services. He had worked as an Expert Witness for 30 years, working on a variety of cases. He told us how he got into expert work, the main challenges he faces, and the changing face of meteorology as an area of expertise.
16 October Case Updates Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Issues, Evidence, 10. Report Writing, 14. Giving Oral Evidence Failure to have regard to the Particulars of Claim
16 October Case Updates Ogonowska, R v (Rev1) [2023] EWCA Crim 1021 Psychiatry, Credibility of expert, 10. Report Writing, 14. Giving Oral Evidence Judicial criticism is not fatal
16 October Case Updates PA011122020 [2023] UKAITUR PA011122020 Psychiatry, Risk assessment, Clinical veracity, 10. Report Writing, 07. Working with Instructing Parties, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits Even more on clinical veracity … and risk assessment
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. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits “Mind your language and avoid pre-judging the claimant”