4 February Case Updates Can capacity be assessed on papers without a consultation? Psychiatry, Capacity, 09. Records Assessments and Site Visits Any uncertainty as to whether a psychiatrist can provide an expert report as a paper-based assessment is answered by this case. In this case the paper-based assessment was sufficient for the court to conclude that, having regard to the Mental Capacity Act 2005, s 48, there were "reasons to believe that the Appellant lacks capacity". However, the fact that the court did not make a finding of a lack of capacity and transferred the case to a Tier 3 (High Court) Judge of the Court of Protection in order to determine the matter of capacity indicates how the court recognises how much more difficult it is to make a finding when the report relies on a paper-based assessment compared to a consultation with the subject of the report. MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579
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)
11 October Case Updates Litigation capacity Psychiatry, litigation capacity, 10. Report Writing, 09. Records Assessments and Site Visits, Jersey Although accepting the medical expert's conclusion on the First Defendant's capacity to appear in court, the Bailiff noted that any further application for an adjournment on health grounds would require a much more significant explanation of the First Defendant's medical history, and precise problems and prognosis, to be provided well in advance. Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086
15 August Case Updates Charles Steven Bond & Anor v Denise May Webster & Ors [2024] EWHC 1972 (Ch) Psychiatry, 14. Giving Oral Evidence, 15. Criticism and Complaints The claimants mounted an attack in cross-examination on the expertise and competence of an expert in Old Age Psychiatry.
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, 15. Criticism and Complaints, CV A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.
18 June Case Updates IXF, R (On the Application Of) v Chief Constable of West Mercia Police [2023] EWHC 2793 (Admin) Psychiatry, Disability, 10. Report Writing, Equality Act 2010 An expert opinion must be supported by reasoning and correctly apply the relevant legal tests.
13 June Case Updates Secretary of State for the Home Department v Bal [2023] UKAITUR UI2023001885 Psychology, Psychiatry, Duties of the Expert, Expertise, 10. Report Writing, Asylum and immigration, Country experts The report of the psychiatrist expert witness strayed outside his expertise. It did not show any clear independent knowledge, demonstrate that that he was a country expert, or provide supporting source material.
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.
16 October Case Updates A (Article 13(b): Mental Ill-health) [2023] EWHC 2082 (Fam) Psychology, Psychiatry, 1980 Hague Convention, 10. Report Writing, 09. Records Assessments and Site Visits 1980 Hague Convention reports
16 October Case Updates Ogonowska, R v (Rev1) [2023] EWCA Crim 1021 Psychiatry, Credibility of expert, 10. Report Writing, 14. Giving Oral Evidence Judicial criticism is not fatal