Expert Matters - The Podcast

The court found that a highly respected and hugely experienced histopathologist expert witness, who was overburdened with work, had made errors in his examination of the forensic material and closed his mind to possible or probable accidental causes for the injuries identified. 

London Borough of Hammersmith and Fulham v G [2024] EWHC 2200 (Fam) 

The defendant’s spinal cord injury expert in this case agreed early on in his cross-examination that he had lost all objectivity and independence in the case, while the defendant’s physiotherapy and accommodation experts were criticised by the judge for adopting more partisan approaches in their later evidence.

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion. 

The judge found that it was without justification and entirely unecessary for an expert to question the opposing expert's professionalism and motives in selecting evidence, noting that this approach was unhelpful for the tribunal. 

The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports.

Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)

An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.

One of the UK’s leading experts in Japanese knotweed, Dr Paul Beckett has been providing Expert Witness services since the early 2000s. He shares his insights into being part of a relatively new area of litigation; what makes a good Expert Witness; and why he approaches court like revising for an exam.

The judge found that an expert witness's anlaysis became incoherent because he failed from the outset to take into adequate account the NICE recommendations. 

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)

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.