29 February Case Updates Aston Risk Management Ltd v Lee Jones & Ors [2024] EWHC 252 (Ch) Independence, Forensic accountancy, Quantum, 11. Report Writing, 15. Giving Oral Evidence The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice.
12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. Criticism and Complaints The judge made it clear to the parties that the expert evidence must be condensed and translated into a form which is manageable and proportionate to the court's enquiry. L v O [2024] EWFC 6
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, 16. 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, 06. Rules and Regulations, 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. 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)
21 December News 2023 in Review: Don’t let complacency ruin your credibility 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 17. Maintaining your professional edge EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.
20 December News Expert Evidence and the Intermediate Track 06. Rules and Regulations, 11. Report Writing EWI CEO Simon Berney-Edwards outlines the Rules and Practice Directions governing Expert Evidence in the new Intermediate track for Civil Claims and provides guidance for members. Recorded 20/12/23.
8 December News Civil Procedure Rules Committee offer clarification on Expert Evidence 06. Rules and Regulations, 11. Report Writing However, re-draft does not address central issue regarding the length of reports.
16 October Case Updates Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Issues, Evidence, 11. Report Writing, 15. 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, 11. Report Writing, 10. 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, 11. Report Writing, 15. Giving Oral Evidence Judicial criticism is not fatal