11 February Case Updates A mother's malign influence on her children 10. Report Writing, 09. Records Assessments and Site Visits, Toxicology, Haematology Paediatrics, Pharmacology, Respiratory medicine This is a case which will assume much greater importance for the 15 points of practice and practical steps that the judge decided can help reduce the risk of well-meaning professionals falling into pitfalls that hinder the identification of safeguarding issues at an early stage than as a case with learning points for experts. For some of the experts in the fields from which jointly appointed experts were instructed, it illustrates how their evidence is tested and applied in a case of suspected fabricated or induced illness (FII). Re N (Children: Fact Finding - Perplexing Presentation/Fabricated or Induced Illness) [2024] EWFC 326
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)
25 October Case Updates How not to use AI in expert evidence 10. Report Writing, 15. Criticism and Complaints, 16. Maintaining your professional edge, Artificial Intelligence, AI, 09. Records Assessments and Site Visits 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 to recall the prompts he used, state the sources Copilot relied on, or explain how the tool worked and arrived at its outputs. The judge provided some useful insight into the challenges with using AI in expert evidence.
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
9 October Case Updates Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC) 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, Surveyors, Valuation The judge found that it was without justification and entirely unecessary for an expert to question the opposing expert's professionalism and motives in selecting evidence, noting that this approach was unhelpful for the tribunal.
12 August Case Updates Should anyone else be present at the consultation? Remote assessments, 09. Records Assessments and Site Visits This is an important judgment that sets out the position taken by the courts as to the presence of another person during an expert assessment. Belkovic v DSG International Plc [2014] NIQB 25
11 June Case Updates M v N (Approved) [2023] IEHC 759 Ireland, 05. Rules and Regulations, 10. Report Writing, 09. Records Assessments and Site Visits, Voice of the Child This case update gives useful guidance on preparing a 'voice of the child' report.
1 February Case Updates An expert who oversteps their role puts their evidence at risk Clinical psychology, Duty of Expert, Duty to the court, Judicial critism, European Convention on Human Rights, Humans Rights Act 1998, Gender Recognition Act 2004, 05. Rules and Regulations, 15. Criticism and Complaints, 09. Records Assessments and Site Visits An expert who does not understand their duty to be independent, and oversteps their role, risks the court either refusing to admit their evidence or placing less weight upon it. Ryan Castellucci, R (on the application of) v Gender Recognition Panel [2024] EWHC 54 (Admin)
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