18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, 15. Criticism and Complaints, CV A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.
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)
4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 12. Experts Discussions and Joint Statements The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)
27 June Case Updates G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) Single joint expert, 14. Giving Oral Evidence, 15. Criticism and Complaints, Family Procedure Rules, FPR, Expert anonymity, Parenting capacity, remote attendance, Independent social worker, CVP An expert must read and engage with any judgments which form part of their instructions.
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 05. Rules and Regulations, 10. Report Writing, 08. Being instructed as a Single Joint Expert, 14. Giving Oral Evidence, 15. Criticism and Complaints, Family Procedure Rules, FPR An expert report did not address all of the questions posed in the letter of instruction, reformulated other questions, and failed to comply with FPR Part 25 in a number of important ways, while the expert witness's oral evidence failed to provide an impartial expert view.
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 13. Changing your opinion, 14. Giving Oral Evidence 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.
18 June Case Updates IXF, R (On the Application Of) v Chief Constable of West Mercia Police [2023] EWHC 2793 (Admin) Psychiatry, Disability, 10. Report Writing, Equality Act 2010 An expert opinion must be supported by reasoning and correctly apply the relevant legal tests.