“IT IS NOT FOR AN EXPERT TO DISREGARD THE INSTRUCTIONS THEY HAVE RECEIVED FROM THE COURT AND THE PARTY INSTRUCTING THEM AND TO THEREBY WHOLE SCALE IGNORE EVIDENCE WHICH DOES NOT SUPPORT THEIR OPINION” (ANOTHER CASE ON EXPERTS…)
We have another example of expert witnesses being criticised by the court in the judgment of HHJ Claire Jackson in Davies-Gilbert v Goacher [2022] EWHC 969 (Ch). “it is not for an expert to disregard the instructions they have…
EXPERTS, CONFLICTS OF INTEREST AND THE DUTY OF DISCLOSURE: A REVIEW OF THE RULES AND CASES: HOW EXPERTS CAN AVOID HITTING THE NET
An earlier post looked at the decision of Mr Justice Mostyn in Bux v The General Medical Council [2021] EWHC 762. Part of that judgment dealt with the duties of experts to disclose an interest they have in the case. This…
A “LACK OF OBJECTIVITY” IN AN EXPERT’S APPROACH: CLINICAL NEGLIGENCE AND CAUSATION CONSIDERED IN THE HIGH COURT
In Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) HHJ Freedman (sitting as a Deputy High Court Judge) made some telling observations about the lack of objectivity of the defendant’s expert. THE CASE The claimant…
COVID REPEATS 39: THE DANGERS OF OBTAINING ONE-SIDED WITNESS STATEMENTS: A PROBLEM THAT CANNOT BE GARAGED
This week we are looking at past posts and cases on witness statements and witness evidence. This is an area with no shortage of cases to choose from. I have made the point, many times, that witness statements are basically…
THE COVERT RECORDING OF AN EXPERT’S EXAMINATION – THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT
In October last year I wrote about the case of Mustard v Flower & Ors [2019] EWHC 2623 (QB). The claimant recorded her consultation with the defendant’s medical expert and was given permission to produce these in evidence. That case has…
EXPERT WITNESS INDEPENDENCE AND IMPARTIALITY: HOW DO YOU DEAL WITH THE “BOMBASTIC BULLSHITTER”? A CHECKLIST TO ENSURE EXPERT IMPARTIALITY
I am grateful to Professor Penny Cooper for sending me a copy of the report she authored with Dr Michelle Mattison for the Expert Witness Institute – “Towards Expert Witness Independence and Impartiality”. This post is just a snapshot, to…
EXPERTS AS ADVOCATES FOR THE CLAIMANTS’ CAUSE: WITNESSES WHOSE EVIDENCE WAS VERY DIFFERENT TO THEIR WITNESS STATEMENTS
I am grateful to Dominic Regan for sending me a copy of the judgment of Mrs Justice Andrews today in Gee -v- Depuy International Ltd [2018] EWHC 1208. The judgment is 762 paragraphs long and will be widely read by…
WITNESS CREDIBILITY 1: A STRUCTURED APPROACH: DEMEANOUR NOT DETERMINATIVE
This blog has looked at issues relating to witness credibility on many occasions. Here we look at a decision by the Upper Tribunal in KB & AH (credibility-structured approach : Pakistan) [2017] UKUT 491 (IAC). This is of general interest. Issues…
WHEN ONE EXPERT TELLS THE OTHER EXPERT TO “GO BACK TO SCHOOL”: CASES ON CONDUCT AND THE MEETING OF EXPERTS
The case of Hatfield -v- Drax Power Ltd (18/08/2017)* highlights some of the issues that arise in the meeting of experts. The meeting is an important stage in many types of action, however the case law and rules relating to it…