10 March Giving Oral Evidence Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived While there might be grounds for cross-examination of the expert in question, this did not justify excluding the evidence on the basis of issues that were for the trial judge.
13 February Report Writing Too much of a good thing Report Writing, overlong reports, Length of report Judges have sent a ‘note of caution’ to legal teams after receiving ‘thousands of pages of detailed experts’ reports’.
8 February Giving Oral Evidence Expert slated for numerous failings - both in their report and in courtroom behaviour Report Writing, Language, Duty of Expert, Range of Opinion, Expert Report, Courtroom evidence In cross-examination and at the close of the case, a searing attack on the expert's approach to expert evidence and independence was launched. The judge viewed many of the criticisms as well-founded.
6 January Industry News Considerations for expert witnesses in the face of dishonest claimants David Stothard, Managing Director at MAPS Medical, examines a recent High Court case in which six medical expert witnesses were involved, which was ultimately dismissed as a result of the claimant’s dishonesty.
13 December Expert Discussions and Joint Statements The importance of independence: preserving the integrity of the Expert Witness discussion Experts duty, Independence, Duty of Expert, Expert's meeting, Expert's duty, Experts meeting, Duty to the court, Instruction from solicitor We take a look at how the distinction between being an independent Expert Witness is crucial in a court case.
7 December Industry News The short answer is No Should you challenge an expert's view without calling them to court? Expert evidence, Expert Report
7 December Industry News Appeal arguing that a single joint expert should have been male rejected equal representation A case of interest (particularly in the light of the Equal Representation for Expert Witnesses (ERE) initiative)
7 December Industry News Attack on expert's credibility rejected Expert evidence, Credibility, Cross-examination, reliability We have often drawn attention to cases in which claims regarding experts’ unreliability were supported, so we feel it is important to highlight counter-examples
5 December Industry News Modes of address in courts and tribunals Lord Chief Justice and Senior President of Tribunals have announced an immediate change in practice.
14 November Case Updates Admissibility or weight: what is the test for expert evidence? Admissibility, Impartiality, Expert's behaviour, Bias, Independence, Duties of the Expert, Duty of Expert, Duty to the court, Legal role of an expert witness, Expert bias In an exceptional case, as here, where the expert singularly and spectacularly fails in their duties to the court, expert evidence may be deemed inadmissible and never get to the stage of being tested for weight.