25 October Case Updates How not to use AI in expert evidence 10. Report Writing, 15. Criticism and Complaints, 16. Maintaining your professional edge, Artificial Intelligence, AI, 09. Records Assessments and Site Visits In this US case, an expert in fiduciary services used Microsoft’s Copilot to cross-check calculations he used in expert evidence. He was unable to recall the prompts he used, state the sources Copilot relied on, or explain how the tool worked and arrived at its outputs. The judge provided some useful insight into the challenges with using AI in expert evidence.
11 October Case Updates Litigation capacity Psychiatry, litigation capacity, 10. Report Writing, 09. Records Assessments and Site Visits, Jersey 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
9 October Case Updates Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC) 05. Rules and Regulations, 10. Report Writing, 13. Changing your opinion, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence, 15. Criticism and Complaints, 09. Records Assessments and Site Visits, Surveyors, Valuation 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.
12 August Case Updates Should anyone else be present at the consultation? Remote assessments, 09. Records Assessments and Site Visits This is an important judgment that sets out the position taken by the courts as to the presence of another person during an expert assessment. Belkovic v DSG International Plc [2014] NIQB 25
11 June Case Updates M v N (Approved) [2023] IEHC 759 Ireland, 05. Rules and Regulations, 10. Report Writing, 09. Records Assessments and Site Visits, Voice of the Child This case update gives useful guidance on preparing a 'voice of the child' report.
1 February Case Updates An expert who oversteps their role puts their evidence at risk Clinical psychology, Duty of Expert, Duty to the court, Judicial critism, European Convention on Human Rights, Humans Rights Act 1998, Gender Recognition Act 2004, 05. Rules and Regulations, 15. Criticism and Complaints, 09. Records Assessments and Site Visits An expert who does not understand their duty to be independent, and oversteps their role, risks the court either refusing to admit their evidence or placing less weight upon it. Ryan Castellucci, R (on the application of) v Gender Recognition Panel [2024] EWHC 54 (Admin)
16 October Case Updates A (Article 13(b): Mental Ill-health) [2023] EWHC 2082 (Fam) Psychology, Psychiatry, 1980 Hague Convention, 10. Report Writing, 09. Records Assessments and Site Visits 1980 Hague Convention reports
16 October Case Updates PA011122020 [2023] UKAITUR PA011122020 Psychiatry, Risk assessment, Clinical veracity, 10. Report Writing, 07. Working with Instructing Parties, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits Even more on clinical veracity … and risk assessment
16 October Case Updates UI2022004001 [2023] UKAITUR UI2022004001 Psychiatry, Medical expert, Medical records, 09. Records Assessments and Site Visits Is a letter from the GP sufficient?
16 October Case Updates UI2022002729 [2023] UKAITUR UI2022002729 Dishonesty, Psychology, Psychiatry, Credibility, Previous tribunal decisions, 10. Report Writing, 06. Receiving Instructions, 09. Records Assessments and Site Visits The importance of previous decisions in immigration and asylum cases