26 August Case Updates Dana UK Axle Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC), 2021 WL 02143477 Independence, Disclosure of instructions, Disclosure of documents relied upon, Retention of records of investigations carried out, Cooperation with the adverse party’s experts, Guidance for the Instruction of Experts in Civil C, CPR Part 35, TCC Guide, Experts meeting, 10. Records Assessments and Site Visits, 11. Report Writing, 08. Working with Instructing Parties, 12. Responding to questions, 13. Experts Discussions and Joint Statements Relevance: General Topics: Disclosure of instructions Disclosure of documents relied upon Retention of records of investigations carried out Cooperation with the adverse party’s experts Guidance for the Instruction of Experts in Civil Claims 2014 CPR Part 35 TCC Guide Independence Experts meetings
24 August Case Updates Bux v General Medical Council [2021] EWHC 762 Conflicts of interest, Statement of Truth, Medical records, Causal Analysis, Differential Diagnosis, Reasoning, 11. Report Writing, 12. Responding to questions Relevance: General Topics: Conflict of interest Statement of truth Medical records Differential diagnosis Causal analysis Reasoning
31 December Case Updates Mustard v Flower [2019] EWHC 2623 (QB), 2019 WL 05104326 Covert recording, Neuropsychological assessment, Part 35, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 12. Responding to questions “Be sure your sins will find you out” Relevance: General. Issues: Admissibility of covert recording of neuropsychological assessment Disproportionate Part 35 questions
5 November News Essential Do’s and Don’ts for Expert Witnesses 07. Receiving Instructions, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties, 12. Responding to questions, 15. Giving Oral Evidence The expert is now closely regulated by the rules. Provided that they conduct themselves in an honest, competent and careful professional manner they are unlikely to transgress the rules. However, experience has shown that there are pitfalls, pitfalls which may have serious consequences.