5 September News Letter reveals Expert discussed the contents of the Joint Statement with counsel 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements Another judgment has highlighted a case where an Expert has been found to be actively involving counsel by inviting feedback on their Joint Statement
10 August Case Updates Gallagher v Gallagher (No.2) (Financial Remedies) [2022] EWFC 53 Hot-tubbing, Impartiality, 08. Working with Instructing Parties, 15. Giving Oral Evidence Topics: Experts’ duties Impartiality Concurrent expert evidence (‘hot-tubbing’)
13 June Case Updates HA (Expert Evidence; Mental Health) Sri Lanka [2022] UKUT 00111 (IAC) Psychology, Psychiatry, 11. Report Writing, 08. Working with Instructing Parties, 15. Giving Oral Evidence, 10. Records Assessments and Site Visits Topics: Psychiatric reports Expert’s declaration Self-report questionnaires Suicide risk General practitioner records Qualifications and experience PHQ-9 GAD-7
13 June Case Updates M (A Child : Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) Psychology, Psychiatry, 07. Receiving Instructions, 08. Working with Instructing Parties Topics: Complex post-traumatic stress disorder Vulnerable persons/witnesses Ground rules hearing Intermediary
17 May News What happens when your client sues you for your expert witness report? 03. Setting Fees and Getting Paid, 08. Working with Instructing Parties, 16. Criticism and Complaints In preparing independent and objective evidence for the court, some experts will have experienced being challenged by the client, who does not like or agree with what has been said.
14 December Case Updates Bux v General Medical Council [2021] EWHC 762 11. Report Writing, 07. Receiving Instructions, 08. Working with Instructing Parties, 12. Responding to questions The case: Dr Bux appealed against the findings of the Medical Practitioners Tribunal and against its decision directing his erasure from the Medical Register.
22 November Case Updates TMO Renewables Ltd v Yeo [2021] EWHC 2773 (Ch) Undisclosed investigation / enquiries, 08. Working with Instructing Parties, 10. Records Assessments and Site Visits Relevance: General
22 November Case Updates Sweeney v VHI [2021] IESC 58 Conflicts of interest, Confidentiality, Teamwork, 08. Working with Instructing Parties Relevence: General
26 August Case Updates Dana UK Axle Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC), 2021 WL 02143477 Independence, Disclosure of instructions, Disclosure of documents relied upon, Retention of records of investigations carried out, Cooperation with the adverse party’s experts, Guidance for the Instruction of Experts in Civil C, CPR Part 35, TCC Guide, Experts meeting, 11. Report Writing, 08. Working with Instructing Parties, 12. Responding to questions, 13. Experts Discussions and Joint Statements, 10. Records Assessments and Site Visits Relevance: General Topics: Disclosure of instructions Disclosure of documents relied upon Retention of records of investigations carried out Cooperation with the adverse party’s experts Guidance for the Instruction of Experts in Civil Claims 2014 CPR Part 35 TCC Guide Independence Experts meetings
24 August Case Updates Wigan Borough Council v Scullindale Global Limited [2021] EWHC 779 (Ch) Change of opinion, Independence, Language, 14. Changing your opinion, 08. Working with Instructing Parties, 16. Criticism and Complaints Relevance: General Topics: Language Independence Change of opinion