Call for evidence: Use of evidence generated by software in criminal proceedings Call for evidence: Use of evidence generated by software in criminal proceedings

Call for evidence: Use of evidence generated by software in criminal proceedings

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings. The call for...
Consent – post-Montgomery Consent – post-Montgomery

Consent – post-Montgomery

Although this is a dental/maxillofacial negligence case, it is of importance for all healthcare experts instructed in cases where consent may be an...
A demonstrably incapable and incompetent witness who was not fit to have been put forward... A demonstrably incapable and incompetent witness who was not fit to have been put forward...

A demonstrably incapable and incompetent witness who was not fit to have been put forward...

For surveyor experts, this case illustrates some very basic errors and it may therefore also be a useful case for expert surveyor witness training....
Rebecca Lochrie v Matthew Edwards Judgment G48YJ355 Rebecca Lochrie v Matthew Edwards Judgment G48YJ355

Rebecca Lochrie v Matthew Edwards Judgment G48YJ355

The Claimant alleged that the Defendant acted negligently in obtaining her consent for laser eye surgery including failing to adequately investigate...
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...
Government Response on Revisions to the Medical  Reporting Process for Road  Traffic... Government Response on Revisions to the Medical Reporting Process for Road Traffic...

Government Response on Revisions to the Medical Reporting Process for Road Traffic...

The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting...
Podcast Episode 8: Re-evaluating your opinion Podcast Episode 8: Re-evaluating your opinion

Podcast Episode 8: Re-evaluating your opinion

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...
Family Court reporting pilot to be extended nationally Family Court reporting pilot to be extended nationally

Family Court reporting pilot to be extended nationally

The Family Procedure Rule Committee has approved a proposal to roll-out the family court reporting pilot nationally, through changes to the Family...
Podcast Episode 7: Review of 2024 Podcast Episode 7: Review of 2024

Podcast Episode 7: Review of 2024

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...
Day in the Life of a Financial Expert Day in the Life of a Financial Expert

Day in the Life of a Financial Expert

Uwe Wystup is a practitioner in the field of foreign exchange options, as well as a senior academic, trainer, and judge. He is the founder of...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
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...

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.

The Single Joint Expert and Lord Woolf's staggered approach
Sean Mosby 633

The Single Joint Expert and Lord Woolf's staggered approach

bySean Mosby

Summary

A Single Joint Expert had been appointed, but the appellant wished to rely on the evidence of his solely instructed expert and was appealing an order preventing him from doing so. The appeal judge concluded that the judge who refused this permission acted prematurely, without all the evidence required to make a reliable decision, and should have instead adopted the staggered approached recommended by Lord Woolf in Daniels v. Walker.

Key learning points from this case

Learning points for instructing parties:

  • When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the approach recommended by Lord Woolf in Daniels v. Walker.
  • In determining whether to permit a party in such circumstances to rely on a solely instructed expert, following Lord Woolf’s staggered approach will ensure the court has all the evidence needed to make a reliable decision.
  • This approach is particularly important where the difference between the parties is a critical point.
  • Where the difference is a critical point, this may militate in any event in favour of an adjournment.

Learning points for experts:

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.