Preliminary (pre-report) experts’ meetings Preliminary (pre-report) experts’ meetings

Preliminary (pre-report) experts’ meetings

Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...
Thomas Murray Joins EWI as a Corporate Partner Thomas Murray Joins EWI as a Corporate Partner

Thomas Murray Joins EWI as a Corporate Partner

We are pleased to welcome a new Corporate Partner
Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat) Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding...
How not to use AI in expert evidence How not to use AI in expert evidence

How not to use AI in expert evidence

In this US case, an expert in fiduciary services used Microsoft’s Copilot to cross-check calculations he used in expert evidence. He was unable...
Celebrating Success at the Sir Michael Davies Lecture Celebrating Success at the Sir Michael Davies Lecture

Celebrating Success at the Sir Michael Davies Lecture

Successful Certification candidates receive their certificate from Lord Hodge.
Independence, bias and conflicts of interest Independence, bias and conflicts of interest

Independence, bias and conflicts of interest

Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
Podcast Episode 5: Range of Opinion Podcast Episode 5: Range of Opinion

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee,...
A Day in the Life of a Water Quality Expert A Day in the Life of a Water Quality Expert

A Day in the Life of a Water Quality Expert

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40...
Podcast Episode 4: Expert Fees Podcast Episode 4: Expert Fees

Podcast Episode 4: Expert Fees

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil...
A Day in the Life of a Fitted Kitchen and Bathroom Expert A Day in the Life of a Fitted Kitchen and Bathroom Expert

A Day in the Life of a Fitted Kitchen and Bathroom Expert

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project...
Podcast Episode 3: Single Joint Expert Podcast Episode 3: Single Joint Expert

Podcast Episode 3: Single Joint Expert

Simon and Sean discuss Single Joint Experts and catch up with two EWI members who act as Single Joint Experts to hear about their experiences, the...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

EVANS v R&V ALLGEMEINE VERSICHERUNG AG [2022] EWHC 2436 (QB)
Wiebke Morgan 2010

EVANS v R&V ALLGEMEINE VERSICHERUNG AG [2022] EWHC 2436 (QB)

byWiebke Morgan

This case is of interest as it highlightes that issues can also arise around the instructing party’s use of an expert witness report. It shows the importance of  making sure that any corrections the expert witness may have provided to a report have been incorporated correctly.

 

From the judgement:

"38.

It is unfortunate that at this stage I need to mention how the defendant expert evidence of Dr Weyde was presented before the court. Dr Weyde is a German expert engineer who speaks English to a very high level. He did not seek the assistance of an interpreter to give oral evidence. His report had originally been written in German and then been translated and was certified as correct. However at the commencement of his oral evidence he was keen to make the point that he did not accept that the translation was wholly correct. Over the course of perhaps an hour he went through in significant detail some minor and some more significant amendments to the translated versions. He said that he had provided these corrections to his instructing solicitors. During a short adjournment it became apparent that there had been a discussion between the parties previously when the joint statement of the experts was being prepared and the defendant solicitors had confirmed that the certified translation was the correct one. How it came about therefore that Dr Weyde was seeking to amend or correct the certified translation remains unclear. The defendantäs solicitors had stood by the certified version. As such that is the one that I was bound to consider (it would not be fair on the claimant to do otherwise in circumstances where they had no opportunity to check that the translation was correct). I do not reflect upon this to conclude the Dr Weyde’s evidence is weakened by this unfortunate situation. I do however reflect that it was entirely unsatisfactory and caused delay in the conduct and progress of this trial.

39.

A further point that should be made in relation to Dr Weyde’s evidence is that he is certified as an expert within the German courts; it was explained by him that the approach there is a different one. Dr Weyde explained that in Germany he would be appointed as a single expert for the court (as opposed, as he said, as an expert for the defendant) and in effect his conclusions are likely to be determinative. He therefore made assumptions in favour of the claimant rather than the defendant in such circumstances. Whilst Dr Weyde’s approach in this case was of course as a CPR Part 35 expert I recognise in assessing his evidence, that his evidence did appear to be seeking to be determinative.

40.

It is useful to start by looking at what is agreed between the experts in this case. The experts joint report was prepared by exchange of emails and was apparently prepared in English and therefore no translation issues arose. "

For the full judgement, see link below.

 

Share

Print
Comments are only visible to subscribers.