4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 13. Experts Discussions and Joint Statements The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)
27 June Case Updates G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) Single joint expert, 16. Criticism and Complaints, Family Procedure Rules, FPR, Expert anonymity, Parenting capacity, remote attendance, Independent social worker, CVP, 15. Giving Oral Evidence An expert must read and engage with any judgments which form part of their instructions.
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 09. Being instructed as a Single Joint Expert, 16. Criticism and Complaints, Family Procedure Rules, FPR, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence An expert report did not address all of the questions posed in the letter of instruction, reformulated other questions, and failed to comply with FPR Part 25 in a number of important ways, while the expert witness's oral evidence failed to provide an impartial expert view.
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 14. Changing your opinion, 15. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
18 June Case Updates IXF, R (On the Application Of) v Chief Constable of West Mercia Police [2023] EWHC 2793 (Admin) Psychiatry, Disability, Equality Act 2010, 11. Report Writing 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, Asylum and immigration, Country experts, 11. Report Writing 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.
11 June Case Updates M v N (Approved) [2023] IEHC 759 Ireland, 10. Records Assessments and Site Visits, Voice of the Child, 06. Rules and Regulations, 11. Report Writing This case update gives useful guidance on preparing a 'voice of the child' report.
6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence.
4 June Case Updates When it is advisable to decline instructions Expert evidence, Duties of the Expert, Expert Witness, 07. Receiving Instructions, Property valuation, 11. Report Writing, 15. Giving Oral Evidence Mr X accepted instructions to provide advice in property valuation despite not being an expert in that field. Kallakis v Kallakis [2023] EWHC 2148 (Comm)
28 May Case Updates Expert evidence of fact Expert evidence, Expert evidence of fact, VAT, 06. Rules and Regulations This is another case that illustrates how (at least) two forms of expert evidence can be distinguished: expert factual and expert opinion evidence. Mercy Global Consult Ltd v Adegbuyi-Jackson [2023] EWHC 3203 (Ch)