30 January Case Updates Jagger (& others) -v- Axa Insurance PLC Credibility, Criticism of a party's legal team, CPR Part 35, Judicial critism, Cavity Wall Insulation, Construction, 05. Rules and Regulations The Claimants' solicitors abused the Court's process by issuing claims based on the evidence of an expert when there were significant concerns as to his independence in a previous case and therefore his understanding of his duty to the Court as an expert.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
19 January Case Updates Experts making the evidence fit their own conclusions do not meet their duty to the Court Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. LCC v V & B [2023] EWFC 268 (18 August 2023)
16 October Case Updates Jennings v Otis Ltd [2023] EWHC 2039 (KB) Negligence, Experts’ joint inspection, Accident, Engineering, 05. Rules and Regulations, 06. Receiving Instructions, 07. Working with Instructing Parties, 12. Experts Discussions and Joint Statements Witness attendance at experts’ meeting
16 October Case Updates OXR v Mid and South Essex Hospital NHS Foundation Trust [2023] EWHC 2006 (KB) Negligence, Medical expert, ENT surgery, 13. Changing your opinion, 12. Experts Discussions and Joint Statements Openness and reliance on the views of unidentified colleagues
16 October Case Updates Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Issues, Evidence, 10. Report Writing, 14. Giving Oral Evidence Failure to have regard to the Particulars of Claim
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
16 October Case Updates Ogonowska, R v (Rev1) [2023] EWCA Crim 1021 Psychiatry, Credibility of expert, 10. Report Writing, 14. Giving Oral Evidence Judicial criticism is not fatal
16 October Case Updates GB, Re (Part 25 Application: Parental Alienation) [2023] EWFC 150 Psychology, Psychiatry, Parental alienation syndrome, 10. Report Writing, 11. Responding to questions More on parental alienation
16 October Case Updates UI2022004320 [2023] UKAITUR UI2022004320 Change of opinion, Psychiatry, Reasoning, Clinical veracity, 13. Changing your opinion More on clinical veracity