16 January Case Updates NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm) CPR, 05. Rules and Regulations, Adjournment The defendant made an application for adjournment on the proposition that it could not be ready for trial because its experts required additional time to complete their reports. However, it was unable to demonstrate that it would be unfair to proceed with the existing trial.
15 January News Government Response on Revisions to the Medical Reporting Process for Road Traffic Accident Claims MedCo, Medical Reporting, Medical Reporting Organisations, Direct Medical Expert Rules The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting Process for Road Traffic Accident Claims’. The report setting out the government's response summarises the responses received, along with information on the decisions taken and the next steps in relation to implementing outcomes related to the policy proposals consulted upon. The Government is also engaging with stakeholders until 31 January 2025 on one of its next steps, further revisions to the fixed cost medical reports.
15 January Podcast Podcast Episode 8: Re-evaluating your opinion 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 07. Working with Instructing Parties, 11. Responding to questions, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate your opinion and the stages in the proceedings where re-evaluation is most likely to occur, before hearing from three senior judges on how re-evaluating your opinion can sometimes be positive for your expert evidence, but may also be disastrous.
13 January News Family Court reporting pilot to be extended nationally family court, 05. Rules and Regulations, Transparency, Financial Remedy Proceedings The Family Procedure Rule Committee has approved a proposal to roll-out the family court reporting pilot nationally, through changes to the Family Procedure Rules and new practice directions. The new reporting provisions will apply in all family courts in England and Wales from Monday 27 January 2025. The Transparency Reporting Pilot for Financial Remedy Proceedings will be rolled out nationally from 29 january 2025, having been extended until 29 January 2026.
7 January Case Updates Alan Prescott-Brann v Chelsea and Westminster’s Hospital NHS Foundation Trust & Anor [2024] EWHC 3314 (KB) 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion The Appellant was given permission to change neurology experts after the judge found that the application was not so late as to be prejudicial to the Respondents, and that the Appellant was not engaging in expert shopping.
6 January News New Immigration and Asylum Practice Direction The new Practice Direction of the Immigration and Asylum Chamber of the First Tier Tribunal came into force on 1 November 2024. The Practice Direction makes several changes to how appeals should be prepared.
19 December Podcast Podcast Episode 7: Review of 2024 Credibility, Range of Opinion, Fundamental dishonesty, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 15. Criticism and Complaints, 09. Records Assessments and Site Visits, 04. Alternative Dispute Resolution In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the ten things to look out for in 2025. From knowing and complying with your duties, to reevaluating and changing you opinion and handling fundamental dishonesty, this year in review has it all.
19 December Case Updates When expert evidence falls well below the standard of a competent expert witness Psychology, Psychiatry, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 15. Criticism and Complaints, 09. Records Assessments and Site Visits The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert witness, both as to form and as to substance. Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB)
18 December Case Updates A fundamentally dishonest claimant This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who the judge found to be wholly unreliable, as to the extent to which the alleged injuries suffered had impacted her life. Scully -v- Atherton (& others) E13YX311
13 December News Transparency and Open Justice Board Key Objectives 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, Transparency and Open Justice Board is now engaging on its proposed Key Objectives. The Key Objectives represent the high-level outcomes that, once finalised, will guide the Board’s work. They will be used to identify areas where changes can and should be made, as well as to measure the outcomes from any change programme.