29 November Case Updates Expert appoints herself as social worker, psychologist, therapist and judge Independence, Unregulated Experts, 05. Rules and Regulations, 15. Criticism and Complaints At a time when psychologists in particular are concerned about psychological evidence being given by psychologists who are unregulated, this case illustrates the risks when an ‘independent’ social worker gives psychological evidence. The learning points are of general application. The specifics of the case are for psychologists, psychiatrists and social workers. Coventry City Council v XX [2024] EWFC 249 (B)
9 August Case Updates Deborah Biggadike v Kamilia El Farra & Anor [2024] EWHC 1688 (KB) Independence, Duty of Expert, 05. Rules and Regulations The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 13. Changing your opinion, 14. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
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.
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.
30 May Case Updates McLaughlin v Dealey [2023] IEHC 106 Independence, Medical records, Objectivity, Ireland, Medical expertise, Weight, 10. Report Writing, 09. Records Assessments and Site Visits “Engagement of medical experts in the Republic of Ireland”
7 February Case Updates Snow v Royal United Hospitals Bath NHS Foundation Trust [2023] EWHC 42 (KB) Independence, Urology, Colorectal surgery, 10. Report Writing, 07. Working with Instructing Parties “Who is responsible for providing the expert with copies of relevant medical and scientific publications?”
26 August Case Updates Deutsche Bank AG v Sebastian Holdings, Inc. 2021 WL 02483400 Independence, Demeanour of Witness, Expert's duty, Fees, 10. Report Writing, 02. Setting Fees and Getting Paid, 13. Changing your opinion, 14. Giving Oral Evidence Relevance: General Topics: Expert's duties Independence Demeanour Fees
26 August Case Updates Dana UK Axle Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC), 2021 WL 02143477 Independence, Disclosure of instructions, Disclosure of documents relied upon, Retention of records of investigations carried out, Cooperation with the adverse party’s experts, Guidance for the Instruction of Experts in Civil C, CPR Part 35, TCC Guide, Experts meeting, 10. Report Writing, 07. Working with Instructing Parties, 11. Responding to questions, 12. Experts Discussions and Joint Statements, 09. Records Assessments and Site Visits Relevance: General Topics: Disclosure of instructions Disclosure of documents relied upon Retention of records of investigations carried out Cooperation with the adverse party’s experts Guidance for the Instruction of Experts in Civil Claims 2014 CPR Part 35 TCC Guide Independence Experts meetings
26 August Case Updates Beattie Passive Norse Limited v Canham Consulting Limited [2021] EWHC 1414 (TCC), 2021 WL 02170994 Bias, Independence, Objectivity, Expert's duty, 05. Rules and Regulations, 15. Criticism and Complaints Relevance: General Topics: Experts’ duties Independence Bias Objectivity