Case Updates

The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding that the primary duty of an expert witness is not to say anything that may damage the instructing party’s case if it can be avoided.

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. 

The defendant’s spinal cord injury expert in this case agreed early on in his cross-examination that he had lost all objectivity and independence in the case, while the defendant’s physiotherapy and accommodation experts were criticised by the judge for adopting more partisan approaches in their later evidence.

The claimants objected to the wording of a question for the expert witnesses in marine engineering because it invited the experts to express an opinion on a matter of fact which is ultimately for the court.

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

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 court could see no basis on which the plaintiffs could seek to rely on any agreement reached between the experts as to the underlying facts.

Nolan v Dildar Ltd (Approved) [2024] IEHC 4 

For accident reconstruction, emergency medicine and neurosurgery experts, this case illustrates the interdependence of accident reconstruction and medical evidence and the need for the medical experts to have regard to the accident reconstruction evidence.

Colizzi v Coulson [2024] EWHC 1956 (KB)

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

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)