11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 11. Report Writing, 09. Being instructed as a Single Joint Expert, 12. Responding to questions, 13. Experts Discussions and Joint Statements, Daniels v. Walker After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case.
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 06. Rules and Regulations, 11. Report Writing, 09. Being instructed as a Single Joint Expert, 15. Giving Oral Evidence, 16. Criticism and Complaints, Family Procedure Rules, FPR 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.
18 June Case Updates IXF, R (On the Application Of) v Chief Constable of West Mercia Police [2023] EWHC 2793 (Admin) Psychiatry, Disability, 11. 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, 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.
11 June Case Updates M v N (Approved) [2023] IEHC 759 Ireland, 06. Rules and Regulations, 11. Report Writing, 10. Records Assessments and Site Visits, Voice of the Child 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, 06. Rules and Regulations, 11. Report Writing, 16. Criticism and Complaints 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, 11. Report Writing, 07. Receiving Instructions, 15. Giving Oral Evidence, Property valuation 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)
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, 06. Rules and Regulations, 11. Report Writing, 15. 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.
11 April Case Updates Dusko Knezevic v The Government of the Republic of Montenegro [2024] EWHC 761 (Admin) Extradition case, Extradition, Expert Report, Expertise, Extradition Act 2003, Montenegro, Convention for the Protection of Human Rights and, 06. Rules and Regulations, 11. Report Writing, 16. Criticism and Complaints The qualifications and experience of an expert in an extradition appeal did not demonstrate that he was an expert on the issues before the court.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge The judge found that an expert witness's anlaysis became incoherent because he failed from the outset to take into adequate account the NICE recommendations.