19 September News Family Procedure Rule Committee Consultation on New Draft Practice Direction 27A Expert reports, Family Procedure Rule Committee, 06. Rules and Regulations, Family Procedure Rules, Bundles The Family Procedure Rule Committee is consulting on a new draft Practice Direction 27A on court bundles.
18 September News The Single Biggest Change White Paper 06. Rules and Regulations, 11. Report Writing, 03. Setting Fees and Getting Paid, 07. Receiving Instructions, 08. Working with Instructing Parties, 09. Being instructed as a Single Joint Expert, 12. Responding to questions, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, 10. Records Assessments and Site Visits Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.
17 September Case Updates Cardiotocograph – normal or abnormal Obstetrics, Midwifery, 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints This case is primarily of interest to obstetricians, illustrating the court’s approach to the disputed interpretation of cardiotocographic evidence. There were no midwifery issues as such, but it may be of some interest to midwifery experts. The general learning points speak for themselves without reading the summary. Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)
16 September Podcast Podcast Episode 4: Expert Fees 06. Rules and Regulations, 01. Starting your Expert Witness Business, 03. Setting Fees and Getting Paid, Legal Aid, Expert Fees Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil proceedings.
16 September News Forensic Science Regulator issues updated Guidance on Declarations of Compliance and Non-Compliance with the Code of Practice forensic science regulator, 06. Rules and Regulations, FSR, Forensic Science Code of Practice The Forensic Science Regulator has updated its Guidance on Declarations of Compliance and Non-Compliance with the Forensic Science Regulator: Code of Practice.
13 September News NHS Resolution announces new Clinical Negligence Claims Agreement 2024 Clinical negligence, NHS Resolution, Clinical Negligence Claims Agreement 2024 NHS have announced the implementation of a new Clinical Negligence Claims Agreement for 2024. The agreement builds on the Covid-19 Clinical Negligence Protocol established in 2020 with the aim of improving claims management practices. Members who act in clinical negligence cases should note the new agreement, although it does not directly affect expert witnesses.
12 September Case Updates Known unknowns and the non-accidental injury hypothesis Non-accidental injury, 09. Being instructed as a Single Joint Expert, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, Known unknowns, Metaphyseal corner fractures, Protein pump inhibitors The detail of this judgment will mainly be of interest to paediatricians, radiologists and clinical pharmacologists as it is another case in which there has been an issue as to the effects of proton pump inhibitors on bone growth. There are some learning points of more general application arising out of the criticisms of the experts and particularly relevant to all single joint experts, not just jointly appointed experts in the Family Court. Re M (A Child) (Non-Accidental Injuries; Wider Canvas) [2024] EWFC 209 (B)
11 September News Ten tips for acting as a Single Joint Expert 09. Being instructed as a Single Joint Expert Acting as a Single Joint Expert can be more challenging than being a party appointed expert. The EWI has resources to support you, but why not start by reading our ten tips.
10 September Case Updates The MCA’s belief requirement is wrong in law Mental Capacity Act This is an important case because it corrects a misunderstanding about the test for capacity. There has been an established view that the Mental Capacity Act contains a ‘belief’ requirement. That is wrong. Hemachandran v Thirumalesh [2024] EWCA Civ 896
5 September Case Updates When is a summary not a summary? 13. Experts Discussions and Joint Statements, 16. Criticism and Complaints The experts in this case appear to have set out a joint statement in the form of a Scott schedule. Unfortunately one of the experts used his column to set out lengthy texts and seemingly seeking to use the statement as a Trojan horse by which to introduce evidence that the court has excluded. Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm)