1 March Case Updates University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), [2020] 4 WLUK 117 Admissibility, Expert evidence, Inpatient Care, 06. Rules and Regulations Relevance: Bed management cases Topic: Discharge of inpatient no longer in need of inpatient care Admissibility of expert evidence Nature of case: An NHS trust brought a claim for possession and applied for an interim injunction against a patient.
1 March Case Updates McLennan v General Medical Council [2020] CSIH 12 [2020] 4 WLUK 119 Covert recording, Report drafting, Consultation, Doctor, 11. Report Writing, 10. Records Assessments and Site Visits “Trust me, I’m a doctor” Relevance: General. Topic: Report drafting (accuracy). Covert audio recording of consultation
1 March Case Updates Mitrasinovic v Stroud [2020] EWHC 914 (QB), 2020 WL 01894725 11. Report Writing, 15. Giving Oral Evidence “What is the capital of France?” Relevance: General Topic: Report writing Oral testimony
1 March Case Updates R v Thomas (Dean) [2020] EWCA Crim 117, [2020] 1 WLUK 421 Criminal, Fitness to plead, Fitness to stand trial, 10. Records Assessments and Site Visits “One size does not fit all” Relevance: Criminal jurisdiction Topic: Fitness to plead and stand trial (FTP) Appointment of intermediary
1 March Case Updates Thimmaya v Lancashire NHS Foundation Trust [2020] 1 WLUK 437 Personal injury, Legal test, Wasted cost order, Negligence, 06. Rules and Regulations, 11. Report Writing ‘The cost of Iicompetence’ Relevance: General; Personal injury (negligence) Topic: Legal tests for negligence Wasted costs order against expert witness
1 March Case Updates R v Foy [2020] EWCA Crim 270, 2020 WL 00927442 Admissibility, Behaviour of expert, Psychiatric evidence, Ultimate issue, Criminal, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints “Expert shopping” Relevance: General; criminal Topics: Admissibility of fresh psychiatric evidence; ultimate issue; behaviour of expert
1 March Case Updates MacDonald v Burton [2020] EWHC 906 (QB), 2020 WL 01262728 Recording, Medico-legal, 10. Records Assessments and Site Visits “It’s just not cricket” Judge: Spencer J (coincidentally Chair of the Expert Witness Institute) Relevance: General
31 December Case Updates Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 980 (QB), 2019 WL 01643863 Personal injury, Recovery of damages, Pathological grief, 11. Report Writing, 10. Records Assessments and Site Visits “When is a mental disorder not a mental disorder?” Relevance: Personal injury cases involving bereavement Topic: Recovery of damages for pathological grief
31 December Case Updates A Local Authority v M, F, E, W, X Y Z (by their Children's Guardian) [2019] EWHC 1447 (Fam), 2019 WL 06313296 Hot-tubbing, Expert evidence, 15. Giving Oral Evidence “Out of the frying pan into the hot tub”’ Relevance: General Topic: Concurrent expert evidence (‘hot-tubbing’)
31 December Case Updates Mustard v Flower [2019] EWHC 2623 (QB), 2019 WL 05104326 Covert recording, Neuropsychological assessment, Part 35, 06. Rules and Regulations, 12. Responding to questions, 10. Records Assessments and Site Visits “Be sure your sins will find you out” Relevance: General. Issues: Admissibility of covert recording of neuropsychological assessment Disproportionate Part 35 questions