Case Updates

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Litigation capacity
Case Updates

Litigation capacity

Although accepting the medical expert's conclusion on the First Defendant's capacity to appear in court, the Bailiff noted that any further application for an adjournment on health grounds would require a much more significant explanation of the First Defendant's medical history, and precise problems and prognosis, to be provided well in advance.

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086

Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC)
Case Updates

Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC)

The judge found that it was without justification and entirely unecessary for an expert to question the opposing expert's professionalism and motives in selecting evidence, noting that this approach was unhelpful for the tribunal. 

Good practice points in asylum and immigration psychiatric reports
Case Updates

Good practice points in asylum and immigration psychiatric reports

The report of an expert in psychiatry was undermined by his acceptance of the appellent's account which, unbeknown to him, a previous tribunal had found to lack credibility. The court also attached less weight to the expert's assessment than it did to a hospital letter because the assessment had been conducted remotely.

Chahal v Secretary of State for the Home Department [2024] UKAITUR UI2024001451

Cardiotocograph – normal or abnormal
Case Updates

Cardiotocograph – normal or abnormal

This case is primarily of interest to obstetricians, illustrating the court’s approach to the disputed interpretation of cardiotocographic evidence. There were no midwifery issues as such, but it may be of some interest to midwifery experts. The general learning points speak for themselves without reading the summary.

Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)

Known unknowns and the non-accidental injury hypothesis
Case Updates

Known unknowns and the non-accidental injury hypothesis

The detail of this judgment will mainly be of interest to paediatricians, radiologists and clinical pharmacologists as it is another case in which there has been an issue as to the effects of proton pump inhibitors on bone growth. There are some learning points of more general application arising out of the criticisms of the experts and particularly relevant to all single joint experts, not just jointly appointed experts in the Family Court.

Re M (A Child) (Non-Accidental Injuries; Wider Canvas) [2024] EWFC 209 (B)

When is a summary not a summary?
Case Updates

When is a summary not a summary?

The experts in this case appear to have set out a joint statement in the form of a Scott schedule. Unfortunately one of the experts used his column to set out lengthy texts and seemingly seeking to use the statement as a Trojan horse by which to introduce evidence that the court has excluded.

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) 

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