Legal teams need to observe  Expert’s fatigue & concentration Legal teams need to observe Expert’s fatigue & concentration

Legal teams need to observe Expert’s fatigue & concentration

This was a significant and well reported patent case which was determined in the Intellectual Property List within the High Court last autumn. ...
Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses

Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses

The Legal Aid Agency ('LAA') have updated their Guidance on the Remuneration of Expert Witnesses.
Irish High Court introduces two new practice directions designed to streamline clinical... Irish High Court introduces two new practice directions designed to streamline clinical...

Irish High Court introduces two new practice directions designed to streamline clinical...

The aim of the new procedure is to ensure cases are properly pleaded before a trial date is assigned and to facilitate the earlier resolution of...
Does the face fit? Does the face fit?

Does the face fit?

Experts are advised, if possible, to avoid expressing opinions on the basis of possibility. The usually applicable stand of proof is the civil...
Not a bridge too far – dental negligence Not a bridge too far – dental negligence

Not a bridge too far – dental negligence

The detail of this case is of relevance to dental experts and attention is drawn to the clarity and particularity with which Professor Harding set out...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
EWI publishes new Guidance on Expert Discussions and Joint Statements EWI publishes new Guidance on Expert Discussions and Joint Statements

EWI publishes new Guidance on Expert Discussions and Joint Statements

We have just refreshed our guidance on ‘Expert Discussions and Joint Statements' in the EWI Knowledge Hub...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...
Podcast Episode 10: Equal Representation for Expert Witnesses Podcast Episode 10: Equal Representation for Expert Witnesses

Podcast Episode 10: Equal Representation for Expert Witnesses

In Episode 10 of the Expert Matters Podcast we celebrate International Women's Day. Women are appointed or testify in only 9% of disputes...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...
Podcast Episode 9: Becoming an Expert Witness Podcast Episode 9: Becoming an Expert Witness

Podcast Episode 9: Becoming an Expert Witness

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you,...
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...

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.

GA v EL [2023] EWFC 187
Sean Mosby 866

GA v EL [2023] EWFC 187

bySean Mosby

Summary

After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case. 

Learning points

Learning points for instructing parties:

  • Consider the need for a Daniels v Walker application as early as possible. An application made just before the final hearing date is much less likely to succeed,
  • The application should seek to address the non-exhaustive factors set out by the judge in this case,
  • The application is more likely to succeed if there is time before the final hearing for a meeting between the SJE and the proposed expert, as well as for the other party to effectively challenge the proposed new expert evidence and seek and obtain permission for their own solely instructed expert,
  • The application is more likely to succeed if the differences between the SJE and the proposed new expert are relatively significant and would be likely to have a material impact on proceedings.

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.