24 April Industry News Expert Witness Survey - Equal Representation equal representation Take 5 minutes to help monitor progress
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
15 April Industry News The EWI’s view on the Civil Procedure Rule Committee Court Documents Consultation From February to April 2024, the Civil Procedure Rule Committee (‘Committee’) held a consultation on a proposed draft amendment to the Civil Procedure Rules (‘CPR’) rule 5.4C (supply of documents to a non-party from court records). We've set out the key themes and recommendations in the EWI response.
29 February Case Updates Aston Risk Management Ltd v Lee Jones & Ors [2024] EWHC 252 (Ch) Independence, Forensic accountancy, Quantum The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice.
15 February EWI News Forensic Science Regulator consultation on the code of practice Consultation, forensic science, Code of Practice, forensic science regulator The Forensic Science Regulator is consulting on the draft for the development of version 2 of the forensic science code of practice.
15 February Case Updates The direction of a Single Joint Expert should be the default position in the Family Court Single joint expert, Family Law, family court In BR v BR [2024] EWFC 11, Mr Justice Peel concludes that the direction of a Single Joint Expert is the default position in the Family Court and there is a high bar to persuade the court to give permission for two or more experts to be solely instructed.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports The judge made it clear to the parties that the expert evidence must be condensed and translated into a form which is manageable and proportionate to the court's enquiry. L v O [2024] EWFC 6
8 February Case Updates Yesss (A) Electrical Ltd v Martin Warren [2024] EWCA Civ 14 CPR A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
19 January Case Updates Experts making the evidence fit their own conclusions do not meet their duty to the Court Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. LCC v V & B [2023] EWFC 268 (18 August 2023)