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...
Losing a professional membership that underpins your credibility Losing a professional membership that underpins your credibility

Losing a professional membership that underpins your credibility

The claimant brought an action against two of its founding shareholders, and companies owned or controlled by them, seeking compensation for harm...
Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm) Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm)

Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm)

The claimant asserted that the defendant was required to transfer title in a vessel at the expiry of the bareboat counterparty between them. The judge...
Reliance on performance validity tests administered by psychiatrists Reliance on performance validity tests administered by psychiatrists

Reliance on performance validity tests administered by psychiatrists

This is a very important judgment for psychiatrists and psychologists who employ validity testing when assessing litigants. There were two experts,...
The Medical Expert in Court The Medical Expert in Court

The Medical Expert in Court

Fans of true crime and anyone involved in giving expert evidence might be interested in a recent podcast episode from EWI Fellow, Dr Harry Brunjes.
EWI partnership with the Pro Bono Expert Support Scheme EWI partnership with the Pro Bono Expert Support Scheme

EWI partnership with the Pro Bono Expert Support Scheme

The Expert Witness Institute has set up a new partnership with the Pro Bono Expert Support Scheme which is a collaborative initiative between the...
RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th... RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

The RICS is seeking feedback from public stakeholders on the updating of its Professional Standard for Surveyors Acting as Expert Witnesses. The...
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...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...

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.

Non-freezing cold injury
Keith Rix 1194

Non-freezing cold injury

byKeith Rix

 

Commentary

This was one case brought to trial in the multi-claimant non-freezing cold injury (NFCI) litigation. The parties had been assisted by generic experts who were then called as experts in this case. Each was cross-examined on the basis that they displayed a lack of impartiality. But the court was satisfied that each of them understood their duty under Part 35 of the Civil Procedure Rules and sought to comply with it. Given that each had provided generic evidence for one side or the other, the court did not find it surprising that they had continued to be instructed. In itself, that did not prevent them giving objective evidence.

The case illustrates the challenges for experts when the clinical condition in issue is rarely encountered (or at least rarely recognised) in normal NHS practice. It most commonly arises in military personnel. Furthermore, there has been limited high quality, peer-reviewed research in the area of NFCI. Understanding of the condition continues to evolve. The pool of those with expertise in the condition is relatively small. The precise mechanism of injury is not currently known to medical science. Neither of the lead experts had military experience. One was challenged over his lack of clinical experience of NFCI and the other had seen only a few patients with NFCI outside medicolegal reporting. Nevertheless, both were able to assist the court. Significantly, it was apparent that both had kept themselves informed about developments in the field

In many cases where there is conflicting expert evidence, the court has to rely on an impressionistic view that one expert is generally to be preferred to the other and where one expert has been criticised this may be taken into account. However, in this case, notwithstanding the criticisms she made of one of the experts, the court was able to set aside those criticisms and base her judgment on a careful analysis of how the expert opinions fitted with the other evidence in the case.

The detail of this judgment may be of interest only to neurologists and vascular surgeons but makes useful reading for any expert instructed in a case where non-freezing cold injury is in issue. 

What the judgment does not reveal is that the claimant failed to beat the defendant’s Part 36 offer and that there had also been a failed joint settlement meeting in the case.

Learning points:

General

  • Although findings of fact are for the court and not for the experts, the court expects experts to take on board what they hear in evidence and to think about whether that alters their opinion in any material way. The main point of an expert medical witness being present while a claimant gives evidence is so that they have heard that evidence first hand and can weigh it in giving their opinion evidence.

  • Look carefully not only at the claimant's evidence but also at the histories underpinning the other experts’ opinions and cross-reference contemporaneous records. Reflect sufficiently on any inconsistencies between the history you have obtained and other sources of evidence including the evidence heard at trial.

  • Even expert witnesses may find the experience of being cross-examined challenging and different people react in different ways to that.

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.