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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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NON-PARTY COSTS ORDER AGAINST EXPERT WITNESS SET ASIDE ON APPEAL: THE FACT THAT AN EXPERT'S CONCLUSIONS CAN BE CRITICISED DOES NOT AMOUNT TO A FLAGRANT DISREGARD OF THEIR DUTY

NON-PARTY COSTS ORDER AGAINST EXPERT WITNESS SET ASIDE ON APPEAL: THE FACT THAT AN EXPERT’S CONCLUSIONS CAN BE CRITICISED DOES NOT AMOUNT TO A FLAGRANT DISREGARD OF THEIR DUTY

January 11, 2023 · by gexall · in Appeals, Conduct, Costs, Expert evidence, Experts

I am grateful to barrister Nadia Whittaker for sending me a copy of the judgment of Mr Justice Sweeting in Robinson -v- Liverpool Hospitals NHS Trust and Mercier [2023] EWHC 21 (KB), a copy of the judgment is available here. …

APPLICATION TO RELY ON EXPERT EVIDENCE REFUSED: THE RULES WERE NOT FOLLOWED AND THE REPORT WAS "FAR BELOW THE STANDARD OF ANALYSIS THAT THIS COURT IS ENTITLED TO EXPECT FROM AN EXPERT WITNESS"

APPLICATION TO RELY ON EXPERT EVIDENCE REFUSED: THE RULES WERE NOT FOLLOWED AND THE REPORT WAS “FAR BELOW THE STANDARD OF ANALYSIS THAT THIS COURT IS ENTITLED TO EXPECT FROM AN EXPERT WITNESS”

July 19, 2022 · by gexall · in Applications, Civil evidence, Coronavirus, Credibility of experts, Expert evidence, Experts

In North Yorkshire Clinical Commissioning Group v E (Covid Vaccination) (Rev1) [2022] EWCOP 15 Mr Justice Poole disallowed an application by a respondent in relation to expert evidence.  The expert had been instructed without compliance with the procedural rules in…

NO DUTY OF CARE OWED BY A JOINTLY INSTRUCTED EXPERT (ON THE FACTS OF THIS CASE): EXPERTS GIVING EVIDENCE ABOUT BEING EXPERTS: MUCH TO READ HERE

NO DUTY OF CARE OWED BY A JOINTLY INSTRUCTED EXPERT (ON THE FACTS OF THIS CASE): EXPERTS GIVING EVIDENCE ABOUT BEING EXPERTS: MUCH TO READ HERE

January 27, 2022 · by gexall · in Credibility of experts, Expert evidence, Experts

The judgment of Mrs Justice Lambert in Radia v Marks [2022] EWHC 145 (QB) is essential reading for anyone who instructs experts in litigation. It is also essential reading for experts.  The judge dismissed a claim in negligence against a…

A PERSON GIVING EVIDENCE AS TO EARNINGS AND PENSION MAY (OR MAY NOT) BE AN EXPERT: COURT CONSIDERS THE ISSUES

A PERSON GIVING EVIDENCE AS TO EARNINGS AND PENSION MAY (OR MAY NOT) BE AN EXPERT: COURT CONSIDERS THE ISSUES

May 6, 2021 · by gexall · in Civil evidence, Damages, Expert evidence, Experts, Witness statements

Returning to the judgment of Mr Justice Cavangh in  TVZ & Ors v Manchester City Football Club Ltd [2021] EWHC 1179 (QB) the judge considered, but did not decide, whether statements from third parties as to earnings and pensions were…

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

EXPERTS NOT REALLY NECESSARY WHEN A JUDGE LOOKS AT BALLET SHOES: EVIDENCE SHOULD HAVE BEEN MORE EN POINTE

December 16, 2020 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts

Instructing experts in circumstances where they are not necessary, or their evidence is not admissible, is a common theme in litigation.  This issue was considered by Mr David Stone (sitting as a Deputy High Court Judge) in Rothy’s Inc v…

JUDGE REFUSES TO RECONSIDER CRITICISMS OF EXPERT WITNESS IN A JUDGMENT: EXPERT DUTIES CANNOT BE DELEGATED

JUDGE REFUSES TO RECONSIDER CRITICISMS OF EXPERT WITNESS IN A JUDGMENT: EXPERT DUTIES CANNOT BE DELEGATED

December 7, 2020 · by gexall · in Civil evidence, Expert evidence, Experts

In Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t\a MYLAN) [2020] EWHC 3270 (Pat) Mr Justice Marcus Smith made some observations about the role of the expert witness and the importance of their evidence being criticised in…

WHY AN EXPERT WITNESS MUST EXAMINE THE OBJECTIVE EVIDENCE: WHY MEDICAL RECORDS ARE NORMALLY THE KEY

November 27, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts, Personal Injury

There  are several short passages in the judgment of HHJ Baucher in Ali v The Home Office [2020] EW Misc 27 (CC) which emphasises the need for expert witnesses to consider the objective evidence before reporting.   It also shows the…

THE EXPERT THAT DOESN'T GIVE HIS SOURCES (EXCEPT WIKIPEDIA): A PRACTICE DEPRECATED BY THE COURT.

THE EXPERT THAT DOESN’T GIVE HIS SOURCES (EXCEPT WIKIPEDIA): A PRACTICE DEPRECATED BY THE COURT.

June 25, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts

In  Engie Fabricom (UK) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 1626 (TCC) Mrs Justice O’Farrell commented on the practice of one of the experts in the case. Failure to follow the basic guidance given in the…

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO "SHOOTS FROM THE HIP" (IT DOESN'T END WELL)

PROVING THINGS 177: WHEN YOU ARE RELYING ON A MEDICAL EXPERT ON CAUSATION WHO “SHOOTS FROM THE HIP” (IT DOESN’T END WELL)

June 22, 2020 · by gexall · in Civil evidence, Clinical Negligence, Credibility of experts, Expert evidence, Experts

I have written many times about issues arising from expert witnesses.  In clinical negligence cases the role of the expert witness is often paramount.  The claimant, in particular, is almost wholly reliant on expert evidence in relation to causation. It…

AN EXPERT WITH A CONFLICT OF INTEREST: SHOULD NEVER HAVE BEEN INSTRUCTED

AN EXPERT WITH A CONFLICT OF INTEREST: SHOULD NEVER HAVE BEEN INSTRUCTED

June 18, 2020 · by gexall · in Credibility of experts, Expert evidence, Experts

I am giving a webinar on the 29th June 2020 on the Perils and Pitfalls of Expert Evidence.  I have not found that there is any shortage of material.  That material is added to in the judgment of Mr Justice…

EXPERT EVIDENCE: THE PERILS AND THE PITFALLS: WEBINAR 29th JUNE 2020

EXPERT EVIDENCE: THE PERILS AND THE PITFALLS: WEBINAR 29th JUNE 2020

June 4, 2020 · by gexall · in Civil evidence, Courses, Credibility of experts, Expert evidence, Experts

The problems that experts can cause in cases (often to the side that instructed them) have been extensively catalogued on this blog over the years.  On the 29th June I am giving a webinar on the perils and pitfalls of…

JUST BECAUSE YOU GIVE EXPERT EVIDENCE THAT DOESN'T MAKE YOU AN EXPERT: "ONE OF THE MOST EGREGIOUS AND NAKED USURPATION[S] OF THE FUNCTIONS OF THE COURT THAT I HAVE EVER SEEN"

JUST BECAUSE YOU GIVE EXPERT EVIDENCE THAT DOESN’T MAKE YOU AN EXPERT: “ONE OF THE MOST EGREGIOUS AND NAKED USURPATION[S] OF THE FUNCTIONS OF THE COURT THAT I HAVE EVER SEEN”

June 1, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts

Last week the “Covid Repeats” posts on this blog highlighted a few (and just a few) of the cases where judges had been critical of the role of experts, or experts involved in cases has been problematic.  That this remains…

COVID REPEATS 37: CROSS-EXAMINING EXPERT WITNESSES: HINTS, TIPS AND LINKS

COVID REPEATS 37: CROSS-EXAMINING EXPERT WITNESSES: HINTS, TIPS AND LINKS

May 29, 2020 · by gexall · in Advocacy, Credibility of experts, Expert evidence, Experts

The impartiality, or otherwise, of expert witness witnesses was in the news in June 2014.  Since expert evidence has been a constant theme on this blog.  This would seem an appropriate time to revisit a post about the cross-examination of…

PROVING THINGS 175: WHEN THE TRIAL JUDGE IS ASKED TO CONSIDER THE QUALITY OF CUDDLY TOYS IN COURT: CPR 33.6 AND ITS SIGNIFICANCE

March 2, 2020 · by gexall · in Civil evidence

There is an interesting reminder of the provisions of CPR 33.6 in the judgment of HHJ Russen QC (sitting as a High Court Judge) in Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm).   The judge…

CIVIL PROCEDURE BACK TO BASICS 77: THE COURT MUST KNOW HOW MUCH AN EXPERT WILL COST: CPR 35.4(2)

CIVIL PROCEDURE BACK TO BASICS 77: THE COURT MUST KNOW HOW MUCH AN EXPERT WILL COST: CPR 35.4(2)

January 15, 2020 · by gexall · in Applications, Case Management, Civil Procedure, Expert evidence, Experts

CPR 35.4(2) is often overlooked. This rule imposes a duty on a party applying for permission to rely on expert evidence to inform the court how much the expert is likely to cost.  This is often clear at the costs…

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP - NOVEMBER 2019

CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – NOVEMBER 2019

November 29, 2019 · by gexall · in Case Management, Civil evidence, Civil Procedure, Witness statements

Here we have links to blogs and articles about civil procedure and costs from November 2019. COSTS Costs Barrister Blaming others Costs Barrister The undiscovered country Herbert Smith Freehills Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs…

WHEN SHOULD A JUDGE DRAW ADVERSE INFERENCES DUE TO ABSENT EVIDENCE? COURT OF APPEAL DECISION TODAY

WHEN SHOULD A JUDGE DRAW ADVERSE INFERENCES DUE TO ABSENT EVIDENCE? COURT OF APPEAL DECISION TODAY

November 29, 2019 · by gexall · in Appeals, Civil evidence, Expert evidence, Experts, Witness statements

The judgment of the Court of Appeal today in Mackenzie v Alcoa Manufacturing (Gb) Ltd [2019] EWCA Civ 2110 makes some important points in relation to civil evidence.  It reviews the law relating to the drawing of adverse inferences due…

CIVIL PROCEDURE BACK TO BASICS 72:  THE EXPERT'S DUTY TO LOOK AT BOTH SIDES OF THE ISSUE AND GIVE REASONS FOR THEIR VIEWS (A MANDATORY OBLIGATION MORE HONOURED IN THE BREACH...)

CIVIL PROCEDURE BACK TO BASICS 72: THE EXPERT’S DUTY TO LOOK AT BOTH SIDES OF THE ISSUE AND GIVE REASONS FOR THEIR VIEWS (A MANDATORY OBLIGATION MORE HONOURED IN THE BREACH…)

November 29, 2019 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts

The recent post on the decision in Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC) highlights a common omission from many expert reports. The expert’s duty to consider whether there is a range of opinion and to give…

EXPERTS, IMPARTIALITY AND CELEBRITY BEDSPREADS: BE CAREFUL OF THE WAY YOU INSTRUCT EXPERTS AND YOU MAY SLEEP TIGHTLY (YOU SHOULD BE SO LUCKY)

EXPERTS, IMPARTIALITY AND CELEBRITY BEDSPREADS: BE CAREFUL OF THE WAY YOU INSTRUCT EXPERTS AND YOU MAY SLEEP TIGHTLY (YOU SHOULD BE SO LUCKY)

November 26, 2019 · by gexall · in Civil evidence, Conduct, Expert evidence, Experts

In Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC)   HHJ Melissa Clarke considered, and was critical of, the way in which an expert was instructed.  The difficulty was that the appointed expert moved from “hired gun” hired…

DEFENDANT'S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD

DEFENDANT’S APPLICATION FOR ADJOURNMENT OF TRIAL REFUSED: A PROBLEM OF THEIR OWN MAKING: THE TRIAL WILL GO AHEAD

November 20, 2019 · by gexall · in Adjournments, Applications, Expert evidence, Experts, Useful links

There is an interesting summary of   the decision in Mitchell -v- Precis 545 Ltd (15/11/2019)  on Kings Chambers website. A report by my colleague Jeremy Roussak of a case where he represented the claimant and where HHJ Freedman refused a…

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