28 January Case Updates Consent – post-Montgomery Clinical negligence, Dentistry, Consent, 05. Rules and Regulations Although this is a dental/maxillofacial negligence case, it is of importance for all healthcare experts instructed in cases where consent may be an issue. It highlights points about which experts should enquire when there may be an issue as to consent to a surgical or other procedure. In this case it was found that the consent process was deficient in a number of respects. It is also a case which illustrates how expert evidence can separately assist the court on the issues of breach of duty, causation, condition and prognosis. Winterbotham v Shahrak (Rev1) [2024] EWHC 2633 (KB)
23 January Case Updates A demonstrably incapable and incompetent witness who was not fit to have been put forward as an expert witness Hot-tubbing, Chartered Building Surveyor, 05. Rules and Regulations, Northern Ireland, concurrent expert evidence, The Ikarian Reefer For surveyor experts, this case illustrates some very basic errors and it may therefore also be a useful case for expert surveyor witness training. McBride v McGuigan & Anor [2024] NIMaster 20
14 January Case Updates Justice for people with a hearing impairment Capacity, 05. Rules and Regulations, 10. Report Writing, 07. Working with Instructing Parties, Hearing impairment A psychiatrist whose evidence had often been admitted in capacity cases was assisted in this case of a hearing-impaired person by an interpreter who had British Sign Language (BSL) Level 1 training. Her assessment was subsequently criticised as she conducted the assessment without ‘suitable specialist learning support’. For psychiatrists and psychologists, the case illustrates the importance, in the case of some hearing-impaired subjects, of being assisted, or of the assessment being carried out, by a psychologist or psychiatrist who has experience of the assessment and treatment of hearing-disabled people. Oldham Metropolitan Borough Council v KZ (Rev1) [2024] EWCOP 72 (T3)
9 January Case Updates Judicial analysis of written expert healthcare evidence 06. Receiving Instructions This is an important judgment for experts who prepare personal injury reports in the Republic of Ireland but also for all experts, in all of the jurisdictions in the British Isles, for its description of the judicial analysis of expert evidence. It deals with procedure in Ireland for the instruction of specialist medical experts through plaintiffs’ general practitioners. Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587
10 December Case Updates Non-freezing cold injury 05. Rules and Regulations, 14. Giving Oral Evidence, Non freezing cold injury This was one case brought to trial in the multi-claimant non-freezing cold injury (NFCI) litigation. The case illustrates the challenges for experts when the clinical condition in issue is rarely encountered (or at least rarely recognised) in normal NHS practice. The detail of this judgment may be of interest only to neurologists and vascular surgeons but makes useful reading for any expert instructed in a case where non-freezing cold injury is in issue. Fraser v Ministry of Defence [2024] EWHC 2977 (KB)
5 December Case Updates One tray short of a baker’s dozen: injury on the production line Orthopaedics, 10. Report Writing, 14. Giving Oral Evidence, biomechanics This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are areas of expertise for which the orthopaedic surgeon’s ‘working knowledge’ may be sufficient, thereby avoiding the time and expense of instructing a further expert just as in cases where knowledge and experience of orthopaedics in general is sufficient and it is not necessary to instruct an orthopaedic sub-specialist. Swierzko v Mathiesons Bakery Ltd [2024] SC EDIN 43
29 November Case Updates Expert appoints herself as social worker, psychologist, therapist and judge Independence, Unregulated Experts, 05. Rules and Regulations, 15. Criticism and Complaints At a time when psychologists in particular are concerned about psychological evidence being given by psychologists who are unregulated, this case illustrates the risks when an ‘independent’ social worker gives psychological evidence. The learning points are of general application. The specifics of the case are for psychologists, psychiatrists and social workers. Coventry City Council v XX [2024] EWFC 249 (B)
21 November Case Updates Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? Range of Opinion, Cross-examination, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, 15. Criticism and Complaints The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves. Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB)
19 November Case Updates When the joint statement is no more than really two statements, one from each expert. 10. Report Writing, 12. Experts Discussions and Joint Statements, Cryptocurrency The 'joint statement' prepared by two blockchain experts was really two statements, one from each expert. Fabrizio D'Aloia v Persons Unknown Category A & Ors [2024] EWHC 2342 (Ch)
14 November Case Updates The dangers of a considerable burden of expert work Orthopaedics, Paediatrics, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints, Pathology, Histopathology, Radiology The court found that a highly respected and hugely experienced histopathologist expert witness, who was overburdened with work, had made errors in his examination of the forensic material and closed his mind to possible or probable accidental causes for the injuries identified. London Borough of Hammersmith and Fulham v G [2024] EWHC 2200 (Fam)