GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS
The Academy of Experts have written Guidance on Giving Remote Evidence. Although this is aimed at expert witnesses there is much that anyone involved in litigation can take away from this. SELECTED EXTRACTS There is much that is useful. …
THE TREATMENT OF EXPERT EVIDENCE AND APPEALS: ANOTHER CASE WHERE A JUDGMENT IN FAVOUR OF A DEFENDANT IS OVERTURNED
There has been much online discussion about the impact that the decision in Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB) will have in relation to food poisoning cases and more generally. That case related specifically to the treatment of…
WHEN EXPERT EVIDENCE BECOMES REDUNDANT: “WE DO NOT HAVE TRIAL BY EXPERT IN THIS COUNTRY: WE HAVE TRIAL BY JUDGE”
There is an interesting judgment on expert evidence at Domeney v Rees & Ors [2020] EWHC 2115 (QB), where Master Davis considered whether accident reconstruction evidence was necessary in relation to a trial. “We do not have trial by…
CHANGES COMING INTO FORCE IN OCTOBER 1: CHANGES TO THE STATEMENTS GIVEN BY EXPERTS
The 122nd update Practice Direction Amendments come into force on the 1st October 2020. We have already looked at the changes to the rules relating to proceedings for contempt. Here we look at the change relating to the declaration that…
THE EXPERT THAT DOESN’T GIVE HIS SOURCES (EXCEPT WIKIPEDIA): A PRACTICE DEPRECATED BY THE COURT.
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)
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…
LIFE EXPECTANCY IS RARELY A SIMPLE MATTER OF STATISTICS: APPLYING FOR A “VARIATION” OF DIRECTIONS: YOU SHOULD HAVE APPEALED
In the judgment this morning in Chaplin v Ben Pistol Allianz Insurance Plc [2020] EWHC 1543 (QB) Jay J rejected an application by the defendant to rely on expert evidence in relation to life expectancy. This judgment is important…
EXPERT EVIDENCE: THE PERILS AND THE PITFALLS: WEBINAR 29th JUNE 2020
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…
COVID REPEATS 37: CROSS-EXAMINING EXPERT WITNESSES: HINTS, TIPS AND LINKS
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…
COVID REPEATS 36: DEFENDANT’S EXPERT TOLD TO GET ON HIS BIKE: WHEN A PARTY “WISELY” PLACES NO RELIANCE ON THEIR OWN EXPERT IN CLOSING SUBMISSIONS
Today we are looking again at the judgment of Mrs Justice Cox in Sinclair -v- Joyner [2015] EWHC Civ 1800 (QB). Some important observations about the role of the expert and the conduct of the expert instructed by the defendant…
COVID REPEATS 35: EXPERTS: DECLARATIONS OF TRUTH SIGNED RECKLESSLY
Problems with experts are very similar across all jurisdictions. The case of Pabon, R v [2018] EWCA Crim 420 is an illuminating one. A decision of the Court of Appeal Criminal Division it shows the dangers when an expert does not comply…
COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF
Today we are looking back at the case of Hirtenstein -v- Hill Dickinson LLP [2014] EWHC 2711 (Comm) contains many interesting lessons for those involved in professional negligence litigation in particular. Here I just want to concentrate upon two:…
COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN’T BOUGH DOWN TO THE RULES…
This week, providing there are no major developments that draw us elsewhere, the repeats are going to be about cases relating to experts. Firstly we go back to 2014 the judgment of Mr Justice Coulson in Stagecoach Great Western Trains -v- Hind…
EXPERTS NOT FOLLOWING THE RULES: DEPLETES YOUR ENERGY: A HIGH COURT CASE
The “Covid Repeats” section of this blog next week will review cases relating to experts. Problems with experts remain a key issue in litigation. Primarily caused by the expert’s failure to follow the basic rules and court orders. Examples can…
DIVISIONAL COURT FINDS THAT EXPERT IN CONTEMPT OF COURT SHOULD HAVE BEEN ERASED FROM MEDICAL REGISTER: “NEW” EVIDENCE ADMITTED
The judgment of the Divisional Court today in General Medical Council & Ors v Zafar [2020] EWHC 846 (Admin) provides an interesting sequel to the earlier judgments in relation to contempt of court by a doctor who had been seriously…
MEDICAL EXAMINATIONS: MEDCO ALLOW REMOTE EXAMINATIONS
Last week Medco issued a ban on remote video medical examinations. Today it has changed its mind, in an announcement available here. THE ANNOUNCEMENT REMOTE EXAMINATIONS With immediate effect and until further notice the ban on remote video medical…
EXPERT WITNESSES: HANDING THE JUDGE AN UNSORTED MEDLEY OF DOCUMENTS MAY NOT GO DOWN TOO WELL
There was one aspect of the evidence mentioned in the judgment Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) Mrs Justice Farbey that was somewhat unusual. An expert handed the judge a “file of documents” to…
CLAIMANT’S MEDICAL EXPERT ORDERED TO PAY DEFENDANT’S COSTS: EXPERTS PLEASE NOTE (EXPERTS’ INSURERS NOTE CAREFULLY)
In Thimmaya -v- Lancashire NHS Foundation Trust (30th January 2020, Manchester County Court) HHJ Claire Evans ordered that a medical expert pay a significant part of the defendant’s costs when she found that the expert had failed in his duties…
STAYING SANE AS A LITIGATOR 9: SHARING THE “PAIN”
Most of the burden of complying with time periods and court orders lies with the solicitor. However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…
CIVIL PROCEDURE BACK TO BASICS 77: THE COURT MUST KNOW HOW MUCH AN EXPERT WILL COST: CPR 35.4(2)
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…