19 December Case Updates When expert evidence falls well below the standard of a competent expert witness Psychology, Psychiatry, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, 10. 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)
7 August Case Updates When judicial criticism is unjustified Psychology, Autism, 16. Criticism and Complaints So many of the judgments summarised in this compendium are ones in which experts are criticised and there are lessons to be learned. What this judgment makes clear is that the first instance judge was wrong to have criticised Dr Matthews ("a very experienced child psychologist"). Yes, experts sometimes get it wrong and judicial criticism is justified. But judges can also get it wrong, in this case in their criticism of an expert. PP v JP & Ors [2024] EWHC 1697 (Fam)
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 16. 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.
13 June Case Updates Secretary of State for the Home Department v Bal [2023] UKAITUR UI2023001885 Psychology, Psychiatry, Duties of the Expert, Expertise, 11. 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.
16 October Case Updates A (Article 13(b): Mental Ill-health) [2023] EWHC 2082 (Fam) Psychology, Psychiatry, 1980 Hague Convention, 11. Report Writing, 10. Records Assessments and Site Visits 1980 Hague Convention reports
16 October Case Updates GB, Re (Part 25 Application: Parental Alienation) [2023] EWFC 150 Psychology, Psychiatry, Parental alienation syndrome, 11. Report Writing, 12. Responding to questions More on parental alienation
16 October Case Updates UI2022002729 [2023] UKAITUR UI2022002729 Dishonesty, Psychology, Psychiatry, Credibility, Previous tribunal decisions, 11. Report Writing, 07. Receiving Instructions, 10. Records Assessments and Site Visits The importance of previous decisions in immigration and asylum cases
8 August Case Updates C, Re (Parental Alienation: Permanent Removal to Germany) [2023] EWHC 1955 (Fam) Psychology, Psychiatry, Parental alienation, CAFCASS definition, 11. Report Writing “What is parental alienation?”
8 August Case Updates RN, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) [2023] EWCA Civ 882 Psychology, Psychiatry, Psychiatric Injury, Physical Injury, 06. Rules and Regulations, CICA claims “Is a psychiatric injury a physical injury?” This case is probably of more relevance to those who instruct experts in CICA claims than to experts. However, if you do report in such a case, you may provide the expert evidence upon which the Court of Appeal relies when it finally resolves this issue.
8 August Case Updates R (on the application of Wynne) v Secretary of State for Justice [2023] EWHC 1111 (Admin) Psychology, Psychiatry, Parole Board, 06. Rules and Regulations “Parole Board needs expert assistance”