7 January Case Updates Alan Prescott-Brann v Chelsea and Westminster’s Hospital NHS Foundation Trust & Anor [2024] EWHC 3314 (KB) 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion The Appellant was given permission to change neurology experts after the judge found that the application was not so late as to be prejudicial to the Respondents, and that the Appellant was not engaging in expert shopping.
19 December Podcast Podcast Episode 7: Review of 2024 Credibility, Range of Opinion, Fundamental dishonesty, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, 05. Alternative Dispute Resolution, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the ten things to look out for in 2025. From knowing and complying with your duties, to reevaluating and changing you opinion and handling fundamental dishonesty, this year in review has it all.
19 December Case Updates When expert evidence falls well below the standard of a competent expert witness Psychology, Psychiatry, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert witness, both as to form and as to substance. Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB)
19 December News EWI Refreshes Core Training offering Legal role of an expert witness, 17. Maintaining your professional edge, 11. Report Writing, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence The Expert Witness Institute (EWI) is excited to announce a refresh of its core training offering.
13 December News Transparency and Open Justice Board Key Objectives Transparency and Open Justice, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence Board is now engaging on its proposed Key Objectives. The Key Objectives represent the high-level outcomes that, once finalised, will guide the Board’s work. They will be used to identify areas where changes can and should be made, as well as to measure the outcomes from any change programme.
13 December Case Updates An unsafe conviction with flawed DNA evidence 16. Criticism and Complaints, Bermuda, DNA Evidence, Privy Council, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence In this Bermudan case, the appellant successfully appealed to the Judicial Committee of the Privy Council to have his convictions quashed because of errors in the collection, examination and interpretation of the DNA expert evidence used in the trial. Julian Washington (Appellant) v The King (Respondent) (Bermuda) [2024] UKPC 34
5 December Case Updates One tray short of a baker’s dozen: injury on the production line Orthopaedics, biomechanics, 11. Report Writing, 15. Giving Oral Evidence This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are areas of expertise for which the orthopaedic surgeon’s ‘working knowledge’ may be sufficient, thereby avoiding the time and expense of instructing a further expert just as in cases where knowledge and experience of orthopaedics in general is sufficient and it is not necessary to instruct an orthopaedic sub-specialist. Swierzko v Mathiesons Bakery Ltd [2024] SC EDIN 43
27 November Case Updates T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384 07. Receiving Instructions, 16. Criticism and Complaints, Fresh evidence on appeal, 06. Rules and Regulations, 11. Report Writing The father sought permission to rely on fresh evidence that he had a diagnosis of autism spectrum disorder in an appeal against care and placement orders made in respect of his daughter. The judge reviewed the law on admitting fresh evidence on appeal before applying it to the case.
21 November Case Updates Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? Range of Opinion, Cross-examination, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves. Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB)
19 November Case Updates When the joint statement is no more than really two statements, one from each expert. Cryptocurrency, 11. Report Writing, 13. Experts Discussions and Joint Statements The 'joint statement' prepared by two blockchain experts was really two statements, one from each expert. Fabrizio D'Aloia v Persons Unknown Category A & Ors [2024] EWHC 2342 (Ch)