12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports 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
8 February Case Updates Yesss (A) Electrical Ltd v Martin Warren [2024] EWCA Civ 14 CPR A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert 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 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)
11 January Case Updates Psychiatrist removed from the GMC Register following misconduct as an Expert Witness Case demonstrates the importance of understanding your role as an Expert Witness.
4 January Industry News Scottish Civil Justice Council publish consultation analysis Indications are that the next draft will contain more detail on Expert Evidence.
21 December Giving Oral Evidence 2023 in Review: Don’t let complacency ruin your credibility 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 Develop your practice as an Expert Witness Expert Evidence and the Intermediate Track 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 Industry News Civil Procedure Rules Committee offer clarification on Expert Evidence However, re-draft does not address central issue regarding the length of reports.
6 December Industry News Supreme Court rules on uncontroverted evidence The trial in Griffiths vs TUI was considered unfair and the Supreme Courts have stated that courts should generally accept uncontroverted evidence.