29 August Case Updates Haywood v Ritchie & Ors (t/a as H Ritchie & Sons) [2005] NIQB 42 Personal injury, Medical expert, 05. Rules and Regulations, 11. Responding to questions, Northern Ireland This case concerns three important issues in personal injury litigation in Northern Ireland: the extent of the plaintiff’s medical records to which an expert can have access; what the expert can ask about how the injury was sustained; and whether a plaintiff can refuse to be assessed by a particular expert.
27 August Case Updates Jonathan Ewan Marcus v Edward Quintin Marcus [2024] EWHC 2086 (Ch) 05. Rules and Regulations, 10. Report Writing, 11. Responding to questions, 15. Criticism and Complaints In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.
25 July Day in the life A Day in the Life of a Forensic Engineering Expert 10. Report Writing, 01. Starting your Expert Witness Business, 11. Responding to questions, 14. Giving Oral Evidence, Tom Magner, Forensic engineering expert Tom Magner provides independent technical assistance as an Expert Witness. Specialising in the forensic investigation of mechanical, electrical, and chemical incidents, Tom has carved out a niche working on holiday and travel claims in civil cases and, on occasion, fatal incidents in foreign criminal courts. He gives us an insight into his varied career; explains why he now speaks native-level Spanish; and shares his tips for going to court.
12 July Podcast Episode 2: The Post Office Horizon IT Inquiry and the importance of Expert Witness training Post Office Horizon IT Inquiry, Post Office Scandal, 05. Rules and Regulations, 10. Report Writing, 11. Responding to questions, 14. Giving Oral Evidence, 15. Criticism and Complaints, Gareth Jenkins, Expert Witness Training Simon and Sean discuss the importance of Expert Witness training in the context of Gareth Jenkins' evidence at the Post Office Horizon IT Inquiry and some recent judgments.
12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 11. Responding to questions, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. Maintaining your professional edge The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports. Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)
11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 10. Report Writing, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. 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.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 05. Rules and Regulations, 08. Being instructed as a Single Joint Expert, 11. Responding to questions, 12. Experts Discussions and Joint Statements, Daniels v. Walker When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker. John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)
10 May Case Updates O v O [2023] EWFC 161 Expert evidence, Single joint expert, Questions to expert, Chartered Building Surveyor, 08. Being instructed as a Single Joint Expert, 11. Responding to questions A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.
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
12 April Helpline Q&A How long after writing a report can an expert be asked to clarify items included in that report? CPR Part 35, Expert Report, 10. Report Writing, 11. Responding to questions This includes questions from the opposing solicitor.