29 August Case Updates Haywood v Ritchie & Ors (t/a as H Ritchie & Sons) [2005] NIQB 42 Personal injury, Medical expert, 05. Rules and Regulations, 11. Responding to questions, Northern Ireland This case concerns three important issues in personal injury litigation in Northern Ireland: the extent of the plaintiff’s medical records to which an expert can have access; what the expert can ask about how the injury was sustained; and whether a plaintiff can refuse to be assessed by a particular expert.
27 August Case Updates Jonathan Ewan Marcus v Edward Quintin Marcus [2024] EWHC 2086 (Ch) 05. Rules and Regulations, 10. Report Writing, 11. Responding to questions, 15. Criticism and Complaints In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.
12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 11. Responding to questions, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. Maintaining your professional edge 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)
11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 10. Report Writing, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. Experts Discussions and Joint Statements, Daniels v. Walker 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.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 05. Rules and Regulations, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. Experts Discussions and Joint Statements, Daniels v. Walker 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)
10 May Case Updates O v O [2023] EWFC 161 Expert evidence, Single joint expert, Questions to expert, Chartered Building Surveyor, 08. Being instructed as a Single Joint Expert, 11. Responding to questions 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.
16 October Case Updates GB, Re (Part 25 Application: Parental Alienation) [2023] EWFC 150 Psychology, Psychiatry, Parental alienation syndrome, 10. Report Writing, 11. Responding to questions More on parental alienation
14 December Case Updates Bux v General Medical Council [2021] EWHC 762 10. Report Writing, 06. Receiving Instructions, 07. Working with Instructing Parties, 11. Responding to questions The case: Dr Bux appealed against the findings of the Medical Practitioners Tribunal and against its decision directing his erasure from the Medical Register.
26 August Case Updates Dana UK Axle Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC), 2021 WL 02143477 Independence, 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 C, CPR Part 35, TCC Guide, Experts meeting, 10. Report Writing, 07. Working with Instructing Parties, 11. Responding to questions, 12. Experts Discussions and Joint Statements, 09. Records Assessments and Site Visits 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
24 August Case Updates Bux v General Medical Council [2021] EWHC 762 Conflicts of interest, Statement of Truth, Medical records, Causal Analysis, Differential Diagnosis, Reasoning, 10. Report Writing, 11. Responding to questions Relevance: General Topics: Conflict of interest Statement of truth Medical records Differential diagnosis Causal analysis Reasoning