13 May Case Updates Frasers Group plc v Saxo Bank AS & Anor [2024] EWHC 188 (Comm) Civil Procedure Rules, CPR rule 35.10, Litigation privilege, Joint Expert Statements, 07. Receiving Instructions, 09. Being instructed as a Single Joint Expert, 06. Rules and Regulations, 13. Experts Discussions and Joint Statements The judge considered, but did not reach a conclusion on, whether a party's communications with their expert before a joint meeting of experts should be disclosed.
10 May Case Updates O v O [2023] EWFC 161 Expert evidence, Single joint expert, Questions to expert, Chartered Building Surveyor, 09. Being instructed as a Single Joint Expert, 12. Responding to questions A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.
8 May News A spotlight on... the Post Office Horizon Scandal Expert evidence, Post Office, Post Office Horizon IT Inquiry, Post Office Scandal, Jason Coyne, Mr Bates v the Post Office We’re starting a new EWI series with A spotlight on… the Post Office Horizon Scandal which looks at how the Post Office failed to listen to, and act on, expert advice. EWI member and IT and digital forensics expert, Jason Coyne, first spotted errors in the Horizon system in 2003 while working as a Single Joint Expert, only to have his findings dismissed by the Post Office. Jason tells us more about his involvement in the case, including how he later acted as an Expert Witness in the sub-postmasters’ case against the Post Office.
3 May Case Updates Wambura v Barrick TZ Ltd [2023] EWHC 2582 (KB) Admissibility of expert evidence, Expert Witness CV, First time expert, Professional membership, 01. Starting your Expert Witness Business, 06. Rules and Regulations The case involved the question of whether the claimants should have permission to call expert security evidence.
1 May News Civil Procedure Rule Committee: Alternative Dispute Resolution consultation Civil Procedure Rules, Civil Procedure Rule Committee, Alternative Dispute Resolution, 06. Rules and Regulations The Civil Procedure Rule Committee is consulting on proposed changes to the Civil Procedure Rules to ensure that courts consider alterative dispute resolution as a key part of the court process, and are able to both encourage and order parties ot participate in it.
1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant, 06. Rules and Regulations, 15. Giving Oral Evidence A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)
30 April News EWI welcomes government action on unregulated expert witnesses family court, unregulated psychologist, Lord Bellamy, Family Procedure Rule Committee, 06. Rules and Regulations In a Parliamentary debate, Lord Bellamy, a Minister of Justice, noted the neeed for the Family Procedure Rule Comitttee to develop a solution to prevent unregulatd psychologists giving evidence in the Family Court.
25 April Case Updates A court cannot ignore an unchallenged expert report Uncontested evidence, TUI UK Ltd v Griffiths, Dangerous Dogs Act 1991, 06. Rules and Regulations The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence, 03. Setting Fees and Getting Paid, 06. Rules and Regulations The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
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, 06. Rules and Regulations, 11. Report Writing, 15. 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.