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.
6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 05. Rules and Regulations, 10. Report Writing, 15. Criticism and Complaints The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence.
17 May News EWI Annual Conference 2024: Opening keynote looks at the role of Expert Witnesses in the modern and modernising justice system 10. Report Writing, 15. Criticism and Complaints, 16. Maintaining your professional edge, Artificial Intelligence, 09. Records Assessments and Site Visits Our annual conference is always a highlight in the Expert Witness Institute calendar. This year’s event, which took place on 17th May, saw The Rt. Hon. Sir Keith Lindblom deliver a captivating opening keynote.
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.
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.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints The judge made it clear to the parties that the expert evidence must be condensed and translated into a form which is manageable and proportionate to the court's enquiry. L v O [2024] EWFC 6
1 February Case Updates An expert who oversteps their role puts their evidence at risk Clinical psychology, Duty of Expert, Duty to the court, Judicial critism, European Convention on Human Rights, Humans Rights Act 1998, Gender Recognition Act 2004, 05. Rules and Regulations, 15. Criticism and Complaints, 09. Records Assessments and Site Visits An expert who does not understand their duty to be independent, and oversteps their role, risks the court either refusing to admit their evidence or placing less weight upon it. Ryan Castellucci, R (on the application of) v Gender Recognition Panel [2024] EWHC 54 (Admin)
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
19 January Case Updates Experts making the evidence fit their own conclusions do not meet their duty to the Court Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. LCC v V & B [2023] EWFC 268 (18 August 2023)