7 August Case Updates When judicial criticism is unjustified Psychology, Autism, 15. Criticism and Complaints So many of the judgments summarised in this compendium are ones in which experts are criticised and there are lessons to be learned. What this judgment makes clear is that the first instance judge was wrong to have criticised Dr Matthews ("a very experienced child psychologist"). Yes, experts sometimes get it wrong and judicial criticism is justified. But judges can also get it wrong, in this case in their criticism of an expert. PP v JP & Ors [2024] EWHC 1697 (Fam)
30 July Case Updates JJMC v The Secretary of State for the Home Department [2024] UKAITUR UI2022005862 Immigration and asylum, 05. Rules and Regulations, 10. Report Writing, 01. Starting your Expert Witness Business, CV In this appeal of an asylum decision, the court was unable to discern sustainable and tolerably clear reasons as to why the judge rejected the expertise of the expert witness and his expert opinion provided in his report.
25 July Case Updates Toxicological evidence in an environmental contamination case Medical records, 10. Report Writing, Toxicology The claimants, who claimed to have suffered personal injury caused by contaminants in a housing development, relied on the evidence of Professor T. The court found that Professor T did not provide any medically reasoned justification which would allow the court to make findings supporting his conclusions and did not explain in detail how he was able to reach his view on causation. The detail of this judgment is important for toxicology experts. It may be useful for medical experts as an example of the courts’ approach to causation. Pelosi v Lanarkshire Housing Association Ltd [2024] ScotCS CSOH 56
25 July Day in the life A Day in the Life of a Forensic Engineering Expert 10. Report Writing, 01. Starting your Expert Witness Business, 11. Responding to questions, 14. 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.
23 July Case Updates PTSD and self-defence 05. Rules and Regulations, 10. Report Writing, Hypervigilance, PTSD Self-defence Mitigation This summary, and the learning points it sets out, will be of interest to any healthcare provider. It deal with psychiatrists and psychologists preparing reports where PTSD may be relevant when considering the state of mind at the time of an alleged offence, particularly an offence of violence. R v Mazzer [2024] EWCA Crim 557
19 July News Third Amendment to the Criminal Practice Directions Joint Expert Statements, 05. Rules and Regulations, 12. Experts Discussions and Joint Statements, Criminal Procedure Rules The Lady Chief Justice has issued an amendment to the Criminal Practice Directions which comes into force on 22 July 2024. Experts working under the Criminal Procedure Rules should be aware of changes to the rules relating to joint statements.
18 July News Women appointed or testified as sole expert witnesses in just 9% of disputes worldwide in 2023, ERE survey reveals equal representation, ERE, female experts, survey results The results of the 2024 ERE survey suggest change is happening but very slowly
18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, 05. Rules and Regulations, 10. Report Writing, 14. 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, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, 15. 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.
15 July News Re-designed website coming soon EWI News We are busy working on redesigning our website to make it more responsive and user-friendly