Recording Examinations

Sir Martin Spencer discusses what, as an expert, you should do if a claimant whom you are asked to examine for the purpose of an expert report, tells you that he or she wants to record the examination whether by video or sound alone.  Can you refuse?  Should you refuse?  What is the legal position?  How should you respond to the request.

Sir Martin shares his views based on his March 2020 judgment in Macdonald vs Burton.

Running time: 17 Mins
CPD Certificate: 1/2 Hour

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Sir Martin Spencer

Sir Martin Spencer is a Justice of the High Court, Queen's Bench Division. Previously, he was a leading clinical negligence barrister, whose practice at Hailsham Chambers involved all aspects of clinical negligence, with particular expertise in complex high quantum claims, representing both claimants and defendants. Significant cases include Daniels v Walker [2000] 1 WLR 1382 Court of Appeal, on the use of joint experts under the CPR.

Sir Martin was called to the Bar in 1979 and took silk in 2003. He was appointed as a Recorder in 2001 and authorised to sit as a Deputy High Court Judge in 2017. As chair of governors of the EWI, Sir Martin is focused on ensuring the Institute continues to lead in supporting experts from all professional disciplines, raising standards through training and education and representing their views across a wide range of stakeholders.

Sir Martin has a law degree and MA (jurisprudence) from Oxford University and studied as a Danish Government Scholar in Copenhagen. He has delivered numerous lectures and contributed to a number of publications in the UK and Denmark.

Sir Martin has been Chair of Governors of the Expert Witness Institute since 2017.