25 April Case Updates A court cannot ignore an unchallenged expert report Uncontested evidence, TUI UK Ltd v Griffiths, Dangerous Dogs Act 1991, 05. Rules and Regulations The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence, 05. Rules and Regulations, 02. Setting Fees and Getting Paid The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
17 April Case Updates R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported Psychiatry, Duty to the court, Interviewing witnesses, Public interest, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.
11 April Case Updates Dusko Knezevic v The Government of the Republic of Montenegro [2024] EWHC 761 (Admin) Extradition case, Extradition, Expert Report, Expertise, Extradition Act 2003, Montenegro, Convention for the Protection of Human Rights and, 05. Rules and Regulations, 10. Report Writing, 15. Criticism and Complaints The qualifications and experience of an expert in an extradition appeal did not demonstrate that he was an expert on the issues before the court.
8 April Case Updates Dr Vanessa Hill v Touchlight Genetics Limited [2024] EWHC 533 (Pat) Patent Law, Scientific Advisor, Senior Courts Act 1981, 05. Rules and Regulations In considering whether to appoint a scientific advisor or order the exchange of expert evidence, the judge in a patent case considered the dividing line between the two roles.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. Maintaining your professional edge 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.
14 March Case Updates Brendon International Limited v Water Plus Limited & Anor [2024] EWCA Civ 220 CPR, Civil Procedure Rules, Civil Evidence Act 1972, Wastewater, 05. Rules and Regulations The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.
7 March Case Updates Hyperlinks in expert reports Ireland, Expert reports, Freight and Shipping, Hyperlinks, 10. Report Writing The Court of Appeal of Ireland found that material hyperlinked in an expert report constitutes part of the reference matrial on wich the report is based and the court is entitled (if not expected) to review it if it has any concerns with the content of the report itself. Tesco Ireland Limited v. Stateline Transport Limited [2024] IECA 46
29 February Case Updates Aston Risk Management Ltd v Lee Jones & Ors [2024] EWHC 252 (Ch) Independence, Forensic accountancy, Quantum, 10. Report Writing, 14. Giving Oral Evidence The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice.
27 February Case Updates T.U. -v- International Protection Appeals Tribunal & Anor Asylum cases, Ireland, International Protection Appeals Tribunal, 05. Rules and Regulations The High Court of Ireland found that the Irish International Protection Appeals Tribunal's duty to cooperate required it offer the applicant the chance to obtain (or have obtained by the Tribunal) a medico-legal report on injuries which had come to light during the hearing.