1 May News Civil Procedure Rule Committee: Alternative Dispute Resolution consultation Civil Procedure Rules, Civil Procedure Rule Committee, Alternative Dispute Resolution, 05. Rules and Regulations The Civil Procedure Rule Committee is consulting on proposed changes to the Civil Procedure Rules to ensure that courts consider alterative dispute resolution as a key part of the court process, and are able to both encourage and order parties ot participate in it.
1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant, 05. Rules and Regulations, 14. Giving Oral Evidence A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)
30 April News EWI welcomes government action on unregulated expert witnesses family court, unregulated psychologist, Lord Bellamy, Family Procedure Rule Committee, 05. Rules and Regulations In a Parliamentary debate, Lord Bellamy, a Minister of Justice, noted the neeed for the Family Procedure Rule Comitttee to develop a solution to prevent unregulatd psychologists giving evidence in the Family Court.
25 April Case Updates A court cannot ignore an unchallenged expert report Uncontested evidence, TUI UK Ltd v Griffiths, Dangerous Dogs Act 1991, 05. Rules and Regulations The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)
22 April Case Updates Appeal in the Cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited [2024] SAC (Civ) 13 Personal injury, Scotland, Sheriff Appeal Court, Absence of Expert Evidence, 05. Rules and Regulations, 02. Setting Fees and Getting Paid The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience.
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, 05. Rules and Regulations, 10. Report Writing, 14. 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.
15 April News The EWI’s view on the Civil Procedure Rule Committee Court Documents Consultation 05. Rules and Regulations From February to April 2024, the Civil Procedure Rule Committee (‘Committee’) held a consultation on a proposed draft amendment to the Civil Procedure Rules (‘CPR’) rule 5.4C (supply of documents to a non-party from court records). We've set out the key themes and recommendations in the EWI response.
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, 05. Rules and Regulations, 10. Report Writing, 15. 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.
8 April Case Updates Dr Vanessa Hill v Touchlight Genetics Limited [2024] EWHC 533 (Pat) Patent Law, Scientific Advisor, Senior Courts Act 1981, 05. Rules and Regulations In considering whether to appoint a scientific advisor or order the exchange of expert evidence, the judge in a patent case considered the dividing line between the two roles.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. 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.