Expert Matters - The Podcast

Simon and Sean discuss the importance of Expert Witness training in the context of Gareth Jenkins' evidence at the Post Office Horizon IT Inquiry and some recent judgments. 

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)

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. 

When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker.

John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)

A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.

More on parental alienation

This includes questions from the opposing solicitor.

Having prepared a report for a criminal case the ‘Probation Service’ has requested that the report be released including a signed consent form from the client.

The case: Dr Bux appealed against the findings of the Medical Practitioners Tribunal and against its decision directing his erasure from the Medical Register.

Relevance:      General

Topics:            Disclosure of instructions

                        Disclosure of documents relied upon

                        Retention of records of investigations carried out

                        Cooperation with the adverse party’s experts           

                        Guidance for the Instruction of Experts in Civil Claims 2014

                        CPR Part 35

                        TCC Guide

                        Independence

                        Experts meetings