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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
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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…

WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL: WHY, IN LITIGATION, IT IS IMPORTANT THAT YOU CAN SEE THE WOOD FOR THE TREES

WHEN A LITIGANT SEEKS TO DEFEND A CLAIM AT ALL COSTS: A HIGHWAY TO HELL: WHY, IN LITIGATION, IT IS IMPORTANT THAT YOU CAN SEE THE WOOD FOR THE TREES

October 27, 2020 · by gexall · in Civil evidence, Conduct, Expert evidence, Experts, Liability, Personal Injury

The judgment of HHJ Mithani QC in Colar v Highways England Company Ltd [2019] EW Misc 17 (CC) has recently arrived on BAILLI.  It provides an illustration of the danger of defending a claim “at all costs”.  The judge was…

CLAIMANT IN LOW-VALUE PERSONAL INJURY CASE NOT ENTITLED TO RELY ON EXPERT REPORTS WHEN PROTOCOL NOT COMPLIED WITH: JUDGMENT ON APPEAL

October 27, 2020 · by gexall · in Appeals, Expert evidence, Experts, Personal Injury

In Mason -v- Laing (Bradford County Court 20th January 2020 Mason v Laing)  HHJ Gosnell held that a claimant that failed to comply with the requirements as to instructing experts prior to a Stage 3 hearing could not rely on…

GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS

GUIDANCE ON GIVING REMOTE EVIDENCE: ESSENTIAL READING FROM THE ACADEMY OF EXPERTS

September 3, 2020 · by gexall · in Applications, Coronavirus, Expert evidence, Experts, Remote hearings, Useful links

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

THE TREATMENT OF EXPERT EVIDENCE AND APPEALS: ANOTHER CASE WHERE A JUDGMENT IN FAVOUR OF A DEFENDANT IS OVERTURNED

August 30, 2020 · by gexall · in Expert evidence, Experts, Personal Injury

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"

WHEN EXPERT EVIDENCE BECOMES REDUNDANT: “WE DO NOT HAVE TRIAL BY EXPERT IN THIS COUNTRY: WE HAVE TRIAL BY JUDGE”

August 4, 2020 · by gexall · in Case Management, Civil evidence, Expert evidence, Experts, Fatal Accidents

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

CHANGES COMING INTO FORCE IN OCTOBER 1: CHANGES TO THE STATEMENTS GIVEN BY EXPERTS

July 29, 2020 · by gexall · in Civil evidence, Civil Procedure, Expert evidence, Experts, Rule Changes

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.

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…

LIFE EXPECTANCY IS RARELY A SIMPLE MATTER OF STATISTICS: APPLYING FOR A "VARIATION" OF DIRECTIONS: YOU SHOULD HAVE APPEALED

LIFE EXPECTANCY IS RARELY A SIMPLE MATTER OF STATISTICS: APPLYING FOR A “VARIATION” OF DIRECTIONS: YOU SHOULD HAVE APPEALED

June 16, 2020 · by gexall · in Appeals, Applications, Expert evidence, Experts

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

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…

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…

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

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

May 28, 2020 · by gexall · in Civil evidence, Credibility of experts, Expert evidence, Experts

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

COVID REPEATS 35: EXPERTS: DECLARATIONS OF TRUTH SIGNED RECKLESSLY

May 28, 2020 · by gexall · in Appeals, Civil evidence, Credibility of experts, Expert evidence, Experts

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

COVID REPEATS 34: EXPERTS, YACHTS AND THAT SINKING FEELING WHEN A CLAIMANT COMES TO GRIEF

May 27, 2020 · by gexall · in Credibility of experts, Expert evidence, Experts

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...

COVID REPEATS 32: EXPERTS: SEEING THE WOOD FOR THE TREES: THE EXPERT THAT DIDN’T BOUGH DOWN TO THE RULES…

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

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

EXPERTS NOT FOLLOWING THE RULES: DEPLETES YOUR ENERGY: A HIGH COURT CASE

May 22, 2020 · by gexall · in Credibility of experts, Expert evidence, Experts

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

April 8, 2020 · by gexall · in Appeals, Applications, Civil evidence, Expert evidence, Experts

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

MEDICAL EXAMINATIONS: MEDCO ALLOW REMOTE EXAMINATIONS

March 25, 2020 · by gexall · in Civil evidence, Coronavirus, Expert evidence, Experts

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…

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