Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488... Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488...

Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488...

The Claimant’s father and litigation friend alleged that the medical practitioners treating his son were negligent in not promptly carrying out...
Quarterly Update on EWI's Advocacy Work Quarterly Update on EWI's Advocacy Work

Quarterly Update on EWI's Advocacy Work

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the...
Access to Public Domain Documents Pilot will launch on the 1st January 2026 Access to Public Domain Documents Pilot will launch on the 1st January 2026

Access to Public Domain Documents Pilot will launch on the 1st January 2026

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit...
An unsatisfactory forensic medical report An unsatisfactory forensic medical report

An unsatisfactory forensic medical report

The appellant is a citizen of Iraq. He appealed against the decision of a First-tier Tribunal Judge who dismissed his appeal against the...
Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,... Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,...

Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,...

The Annual Sir Michael Davies Lecture for 2025 was held on 15 October at the RAF Club in London. The Right Honourable Lady Simler, Justice of the...
Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC) Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC)

Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC)

The Claimants alleged that dust, noise and odour emitted by the defendant’s factory over a prolonged period constituted a legal nuisance. The...
A Day in the Life of a Speech and Language Expert Witness A Day in the Life of a Speech and Language Expert Witness

A Day in the Life of a Speech and Language Expert Witness

Julie Andrews is a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing...
Podcast Episode 17: Wellbeing and Resilience as an Expert Witness Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

October 10th is World Mental Health Day and in this month's episode of the Expert Matters Podcast, we look at the issue of wellbeing and...
A Day in the Life of a Jewellery and Gemstone Expert Witness A Day in the Life of a Jewellery and Gemstone Expert Witness

A Day in the Life of a Jewellery and Gemstone Expert Witness

Dr Richard Taylor is an Expert in the identification, verification and valuation of diamonds, gemstones, jewellery, watches, silver and antiques. He...
Podcast Episode 16: CV Writing Podcast Episode 16: CV Writing

Podcast Episode 16: CV Writing

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and...
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

An approach entirely contradictory to the duties and responsibilities of expert witnesses identified in The Ikarian Reefer
Keith Rix 1982

An approach entirely contradictory to the duties and responsibilities of expert witnesses identified in The Ikarian Reefer

byKeith Rix

 

Commentary

This is a case in which the tribunal was critical of an expert witness. One criticism was that he did not expressly acknowledge the guidance provided in the Ikarian Reefer in his declaration – “a step taken by many experts who prepare reports for this Chamber”. I do not recall seeing a declaration that refers to the Ikarian Reefer per se, but the point is that the ‘extended’ declarations advocated by Bond Solon, The Academy of Experts and the Expert Witness Institute are based in part on the Ikarian Reefer.

I have often referred to having seen an expert report that gave no indication as to the name of the expert. I know that many people have found this hard to believe. Well, it has happened again.  

Learning points:

General

  • The expert should provide clarity as to, and relevant details of, their instructions (‘the substance of all material instructions’).

  • An expert should be able to explain why some time after their original report has been prepared, and in the absence of any further assessment of the subject, they have been instructed to provide a second report (‘the substance of all material instructions’).

  • Assessments of non-English speaking patients facilitated by an interpreter pose specific communication challenges to all participants. There will be concern that important diagnostic and relational cues are lost because of the way original speech is rendered by language interpreters.

  • Identify with clarity the language in which the subject completed any questionnaires.

  • Where someone has assisted the subject in completing any questionnaires, the expert has to engage in detail with the extent to which the answers were the subject’s own, or a hybrid coupled with their assistant’s personal understanding of their circumstances, and the assistant’s understanding as to what the subject was endeavouring to say.

  • Discounting test scores which do not accord with the expert’s expectation as to their likely outcome because of the appellant's limited English language skills but being content to rely upon others where conclusions are favourable to the subject's case, requires an explanation.

  • 'Sources of Information' (or ‘Documents and materials’) should be accurate and complete, in particular as to the medical records considered.

  • The expert’s name should not be missing from the report; an unintelligible signature is not sufficient.

  • An expert who is a professor should indicate the institution at which the professorship is held or by which it is awarded.

  • An expert who opines in general terms on facts outside their purported area of expertise must provide an explanation as to the foundations of their opinion.

Immigration and asylum

  • Asylum and human rights claims are different matters.

  • Expert or other evidence produced in asylum and immigration matters should not encroach on a tribunal's identification of whether a well-founded fear of persecution and/or the risk of a breach of protected rights under the Human Rights Act 1998 arise.

  • A declaration is required, whether or not referring specifically to the Ikarian Reefer, to the effect that the expert has complied with its requirements as to expert evidence.

  • An expert should be able to explain, if it be so, why they consider him/herself capable of presenting factual evidence to a tribunal on the provision of health care in a country in which they do not work.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.