12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 11. Responding to questions, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. Maintaining your professional edge The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports. Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 13. Changing your opinion, 14. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
3 April Case Updates Rebecca Thorp & Ors v Dr Harinder Mehta [2024] EWHC 652 (KB) Medical expert, NICE Guidance, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints, 16. Maintaining your professional edge The judge found that an expert witness's anlaysis became incoherent because he failed from the outset to take into adequate account the NICE recommendations.
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 15. Criticism and Complaints An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
16 October Case Updates OXR v Mid and South Essex Hospital NHS Foundation Trust [2023] EWHC 2006 (KB) Negligence, Medical expert, ENT surgery, 13. Changing your opinion, 12. Experts Discussions and Joint Statements Openness and reliance on the views of unidentified colleagues
16 October Case Updates UI2022004320 [2023] UKAITUR UI2022004320 Change of opinion, Psychiatry, Reasoning, Clinical veracity, 13. Changing your opinion More on clinical veracity
8 August Case Updates Scarcliffe v Brampton Valley Gp Ltd [2023] EWHC 1565 (KB) Care, Change of opinion, Orthopaedics, Team membership, Biopsychosocial model, 10. Report Writing, 13. Changing your opinion, 07. Working with Instructing Parties, 09. Records Assessments and Site Visits “When the facts change, I change my mind. What do you do, sir” (John Maynard Keynes)
8 August Case Updates Palmer v Mantas [2022] EWHC 90 (QB) Part 35, Personal injury, Bias, Language, Exaggeration / Dishonesty, Preparation for a personal injury assessment, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits “Mind your language and avoid pre-judging the claimant”
7 August Case Updates J & J Franks Ltd v Shotter [2023] EWHC 1080 (KB) Negligence, Procedural rules, Literature, Veterinary medicine, 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence “Four inexperienced experts on their learning curve”
21 February Case Updates Freeman v Pennine Acute Hospitals NHS Trust [2021] EWHC 3378 (QB) Obstetrics, 13. Changing your opinion, 14. Giving Oral Evidence Topics: Testimony Placental abruption Couvelaire uterus