4 June Case Updates When it is advisable to decline instructions Expert evidence, Duties of the Expert, Expert Witness, 10. Report Writing, 06. Receiving Instructions, 14. Giving Oral Evidence, Property valuation Mr X accepted instructions to provide advice in property valuation despite not being an expert in that field. Kallakis v Kallakis [2023] EWHC 2148 (Comm)
1 May Case Updates Expert evidence and an absent defendant Expert evidence, case management, oral evidence, absent defendant, 05. Rules and Regulations, 14. Giving Oral Evidence A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)
17 April Case Updates R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported Psychiatry, Duty to the court, Interviewing witnesses, Public interest, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.
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.
29 February Case Updates Aston Risk Management Ltd v Lee Jones & Ors [2024] EWHC 252 (Ch) Independence, Forensic accountancy, Quantum, 10. Report Writing, 14. Giving Oral Evidence The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice.
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 Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) Issues, Evidence, 10. Report Writing, 14. Giving Oral Evidence Failure to have regard to the Particulars of Claim
16 October Case Updates Ogonowska, R v (Rev1) [2023] EWCA Crim 1021 Psychiatry, Credibility of expert, 10. Report Writing, 14. Giving Oral Evidence Judicial criticism is not fatal
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
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”