Non-freezing cold injury Non-freezing cold injury

Non-freezing cold injury

This was one case brought to trial in the multi-claimant non-freezing cold injury (NFCI) litigation. The case illustrates the challenges for...
One tray short of a baker’s dozen: injury on the production line One tray short of a baker’s dozen: injury on the production line

One tray short of a baker’s dozen: injury on the production line

This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are...
Expert appoints herself as social worker, psychologist, therapist and judge Expert appoints herself as social worker, psychologist, therapist and judge

Expert appoints herself as social worker, psychologist, therapist and judge

At a time when psychologists in particular are concerned about psychological evidence being given by psychologists who are unregulated, this case...
Procedure for Determining Mental Capacity in Civil Proceedings Procedure for Determining Mental Capacity in Civil Proceedings

Procedure for Determining Mental Capacity in Civil Proceedings

A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...
Thomas Murray Joins EWI as a Corporate Partner Thomas Murray Joins EWI as a Corporate Partner

Thomas Murray Joins EWI as a Corporate Partner

We are pleased to welcome a new Corporate Partner
Celebrating Success at the Sir Michael Davies Lecture Celebrating Success at the Sir Michael Davies Lecture

Celebrating Success at the Sir Michael Davies Lecture

Successful Certification candidates receive their certificate from Lord Hodge.
Podcast Episode 5: Range of Opinion Podcast Episode 5: Range of Opinion

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee,...
A Day in the Life of a Water Quality Expert A Day in the Life of a Water Quality Expert

A Day in the Life of a Water Quality Expert

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40...
Podcast Episode 4: Expert Fees Podcast Episode 4: Expert Fees

Podcast Episode 4: Expert Fees

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil...
A Day in the Life of a Fitted Kitchen and Bathroom Expert A Day in the Life of a Fitted Kitchen and Bathroom Expert

A Day in the Life of a Fitted Kitchen and Bathroom Expert

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project...

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One tray short of a baker’s dozen: injury on the production line
Case Updates

One tray short of a baker’s dozen: injury on the production line

This case concerns an important boundary matter that sometimes arises for orthopaedic experts in relation to biomechanics and ergonomics. These are areas of expertise for which the orthopaedic surgeon’s ‘working knowledge’ may be sufficient, thereby avoiding the time and expense of instructing a further expert just as in cases where knowledge and experience of orthopaedics in general is sufficient and it is not necessary to instruct an orthopaedic sub-specialist.

Swierzko v Mathiesons Bakery Ltd [2024] SC EDIN 43

Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?
Case Updates

Is it within the remit of an expert to decide which witness of fact they believe or disbelieve?

The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves.

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) 

The dangers of a considerable burden of expert work
Case Updates

The dangers of a considerable burden of expert work

The court found that a highly respected and hugely experienced histopathologist expert witness, who was overburdened with work, had made errors in his examination of the forensic material and closed his mind to possible or probable accidental causes for the injuries identified. 

London Borough of Hammersmith and Fulham v G [2024] EWHC 2200 (Fam) 

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531
Case Updates

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an important judgment for any psychiatrist called upon to assess fitness to plead and stand trial in a criminal case or litigation capacity in a civil case; and important also for any psychologist whose evidence may be considered in such a case. It is not just because it compares the tests for fitness to plead and stand trial and litigation capacity; it is a rare illustration of not only how a judge at first instance assesses expert evidence in such a case but also of how the court of appeal analyses the judicial reasoning when such a case is appealed.

Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)
Case Updates

Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

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.

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. 

 

 

Podcast Episode 5: Range of Opinion
Podcast

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion. 

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