Case Updates

Clicking on one of the topics below will display case updates relevant to that topic. You can also use the search bar below to identify case updates.

Can capacity be assessed on papers without a consultation?
Case Updates

Can capacity be assessed on papers without a consultation?

Any uncertainty as to whether a psychiatrist can provide an expert report as a paper-based assessment is answered by this case.

In this case the paper-based assessment was sufficient for the court to conclude that, having regard to the Mental Capacity Act 2005, s 48, there were "reasons to believe that the Appellant lacks capacity". However, the fact that the court did not make a finding of a lack of capacity and transferred the case to a Tier 3 (High Court) Judge of the Court of Protection in order to determine the matter of capacity indicates how the court recognises how much more difficult it is to make a finding when the report relies on a paper-based assessment compared to a consultation with the subject of the report.   

MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579 

Podcast Episode 7: Review of 2024
Podcast

Podcast Episode 7: Review of 2024

In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the ten things to look out for in 2025. From knowing and complying with your duties, to reevaluating and changing you opinion and handling fundamental dishonesty, this year in review has it all. 

When expert evidence falls well below the standard of a competent expert witness
Case Updates

When expert evidence falls well below the standard of a competent expert witness

The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert witness, both as to form and as to substance.

Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB)

How not to use AI in expert evidence
Case Updates

How not to use AI in expert evidence

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. 

 

 

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. 

The Single Biggest Change White Paper
News

The Single Biggest Change White Paper

Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.

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