6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 05. Rules and Regulations, 10. Report Writing, 15. Criticism and Complaints The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence.
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)
28 May Case Updates Expert evidence of fact Expert evidence, 05. Rules and Regulations, Expert evidence of fact, VAT This is another case that illustrates how (at least) two forms of expert evidence can be distinguished: expert factual and expert opinion evidence. Mercy Global Consult Ltd v Adegbuyi-Jackson [2023] EWHC 3203 (Ch)
10 May Case Updates O v O [2023] EWFC 161 Expert evidence, Single joint expert, Questions to expert, Chartered Building Surveyor, 08. Being instructed as a Single Joint Expert, 11. Responding to questions A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.
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)
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)
19 January Case Updates Experts making the evidence fit their own conclusions do not meet their duty to the Court Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert, 05. Rules and Regulations, 10. Report Writing, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. LCC v V & B [2023] EWFC 268 (18 August 2023)
28 September Case Updates Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself Expert evidence, Cross-examination, Expertise Remember the duties of the expert as set out in CPR Pt 35 and Practice Direction 35. Don't stray into giving evidence on matters falling outside your expertise.
6 February Case Updates Declan Colgan Music Ltd v Umg Recordings, Inc [2023] EWHC 4 (Ch) Admissibility, Expert evidence, Fact v opinion, 05. Rules and Regulations, 14. Giving Oral Evidence “Are experts limited to giving evidence of opinion?”
1 March Case Updates University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), [2020] 4 WLUK 117 Admissibility, Expert evidence, Inpatient Care, 05. Rules and Regulations Relevance: Bed management cases Topic: Discharge of inpatient no longer in need of inpatient care Admissibility of expert evidence Nature of case: An NHS trust brought a claim for possession and applied for an interim injunction against a patient.