EXPERT WITNESSES IN INSURANCE CASES 1: INVOLNERT MANAGEMENT
In Involnert Management Inc -v- AIS Insurance Services Limited [2015] EWHC 2225 (Comm) Mr Justice Leggatt considered the evidence of experts in a case between insurer and insured and, more particularly,between the insured and insurance broker. THE CASE The defendants…
COMMITTAL PROCEEDINGS AGAINST "EXPERT WITNESSES" ARE NOT AN ABUSE OF PROCESS
The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of…
A TRIAL WITHOUT WITNESSES: THE PRACTICAL CONSEQUENCES: DUNNAGE -v- RANDALL
The Court of Appeal decision today in Dunnage -v- Randall [2015] EWCA Civ 673 is one of those seminal cases that every tort law student will have to read. Here we look at the case and the procedure. In particular…
ANOTHER UNSATISFACTORY EXPERT: WITH A WRONG VIEW OF HIS ROLE
In Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB) Mrs Justice Cox made some important observations about the role of the expert and the conduct of the expert instructed by the defendant in that case. THE CASE The claimant was…
CAUSATION AND EVIDENCE – A BURNING PROBLEM? IMPORTANT ISSUES FROM A BIZARRE SET OF FACTS
In Graves -v- Brouwer [2015] EWCA Civ 595 the Court of Appeal carried out an extensive review of the principles and authorities relating to evidence and causation. There is a useful discussion on the role and questioning of experts at…
EXPERT REPORTS: TOO LONG AND NOT MUCH USE: CARE EXPERTS MUST TAKE MORE CARE
In the case of Harman -v- East Kent Hospitals NHS Foundation Trust [2015] EWHC 1662 (QB) Mr Justice Turner had some very clear criticisms of the expert reports. Some of the comments are of general importance. “Against the background of…
THE MEETING OF EXPERTS: CASE LAW AND GUIDANCE
The case of Cintas Corp No 2 -v- Rhino Developments (2015 Ch D Newey J 10/6/2015) * reported on Lawtel today provides an interesting scenario in relation to the conduct of an expert and joint meetings. There is relatively little…
APPEALING DECISIONS IN RELATION TO EXPERTS: SOME USEFUL EXAMPLES
An earlier post commented on how rare it was for appeals to take place in relation to the instruction of experts. John McQuater of Atherton Godfrey has kindly sent me two examples of appeals on the issue of experts. (Both…
EXPERTS GOING ON A FROLIC: A FAMILY LAW CASE WHERE THE EXPERT WITNESS WAS "THOROUGHLY UNHELPFUL"
The conduct of experts has been considered many times on this blog. There is an interesting example of problems caused in the context of family law in M -v- M [2015] EWFC B63. Here we have an expert going well…
LATE APPLICATION FOR DISCLOSURE AND EXPERT EVIDENCE REFUSED: STOPPED AT THE DOCK
The judgment of His Honour Judge Stephen Davies in (sitting as a judge of the High Court) in William Clark Partnership Limited -v- Dock St PCT Limited [2015] EWHC B5 (TCC) illustrates the problems caused when applications are made late….
"TOUCH SENSITIVE" WITNESS STATEMENTS AND OTHER FORMS OF EVIDENCE: WHEN THE CLAIMANTS COLLECT THE EVIDENCE THEMSELVES
The decision of Recorder Amanda Michaels (sitting as a Deputy Enterprise Judge) in Minder Music Ltd -v- Sharples [2015] EWHC 1454 (IPEC) raises some interesting issues in relation to witness statements and evidence. In particular the problems when a party…
PERMISSION TO CALL EXPERT WITNESS OVERTURNED ON APPEAL
I cannot recall the last time an appeal took place in relation to the question of permission to call an expert witness. The post yesterday discussed a case where permission to call an expert was upheld. Hot on its heels…
I DIDN'T MEAN IT WHEN I SIGNED THE JOINT REPORT: WHAT HAPPENS WHEN EXPERTS CHANGE THEIR MINDS?
The judgment of Mr Justice Leggatt in Iraqi Civilians -v- Ministry of Defence [2015] EWHC 1254 (QB) contains some interesting passages in relation to an expert reneging from the contents of a joint report. In particular what is the appropriate…
COURT OF APPEAL UPHOLDS ORDER STRIKING OUT CLAIM FOR FAILURE TO SERVE EXPERT REPORT: DON'T PARK THE LORRY WHEN THE TIDE IS AGAINST YOU
In Elliott -v- Stobart Group Ltd [2015] EWCA Civ 449 the Court of Appeal upheld a decision to strike out an application for damages because of a failure to serve a medical report. “In my judgment Judge Platts was correct…
AN EXPERT MUST DISCLOSE DETAILS OF PROFESSIONAL RELATIONSHIP WITH A PARTY OTHERWISE THE CONSEQUENCES CAN BE DIRE: EXP -v- BARKER
The facts in relation to the Defendant’s expert witness in the case of EXP -v- Barker [2015] EWHC 1289 (QB) are quite remarkable. The case shows the importance of an expert disclosing their history of dealing with the person on…
LAY EVIDENCE AND EXPERT EVIDENCE IN CLINICAL NEGLIGENCE: MORE IS NOT ALWAYS BETTER
In Wake -v- Johnson [2015] EWHC 276(QB) HH Judge Collender QC (Sitting as Judge of the High Court) conducted a critical analysis of the lay evidence and expert evidence when dismissing a clinical negligence claim against a GP. There are…
ADJOURNMENT GRANTED WHEN MEDICAL EXPERT "UNABLE" TO ATTEND: BETTER EVIDENCE NEEDED IN FUTURE
In D -v- the Secretary of State for Health [2015] EWHC 867(QB) Mr Justice Foskett granted the claimant when an important expert was unable to attend for somewhat unusual reasons. The judgment was designed to set out clear guidance for…
EXPERT EVIDENCE ABOUT THE VERACITY OF WITNESSES: WELL, IT IS PROBABLY A WASTE OF TIME
In Wigan Council -v- C [2015] EWFC 8 Mr Justice Peter Jackson raised considerable doubts as to whether an expert report on the potential veracity of child witnesses was of much value to a judge. It is a family case…
THE USE OF EXPERT WITNESSES: STEALING FROM THE CPS
It would be a good idea for those involved in civil litigation to read the Crown Prosecution Service: Guidance on Expert Evidence. Many of the points in that guide apply, with equal force, to instructing experts in civil proceedings. It…
OVER EAGER EXPERTS JUST DO NOT HELP: THEY HINDER AND HARM THE CASES OF THOSE WHO CALL THEM
Several preliminary remarks of HH Simon Barker QC in Bacciotinni & Cook -v- Gotelle & Goldsmith [2014] EWHC 3257 Ch underline the dangers of an “over eager” expert witness making comments which undermine their own evidence and taint the case…
