23 July Case Updates PTSD and self-defence 06. Rules and Regulations, 11. Report Writing, Hypervigilance, PTSD Self-defence Mitigation This summary, and the learning points it sets out, will be of interest to any healthcare provider. It deal with psychiatrists and psychologists preparing reports where PTSD may be relevant when considering the state of mind at the time of an alleged offence, particularly an offence of violence. R v Mazzer [2024] EWCA Crim 557
19 July News Third Amendment to the Criminal Practice Directions Joint Expert Statements, 06. Rules and Regulations, 13. Experts Discussions and Joint Statements, Criminal Procedure Rules The Lady Chief Justice has issued an amendment to the Criminal Practice Directions which comes into force on 22 July 2024. Experts working under the Criminal Procedure Rules should be aware of changes to the rules relating to joint statements.
18 July News Women appointed or testified as sole expert witnesses in just 9% of disputes worldwide in 2023, ERE survey reveals equal representation, ERE, female experts, survey results The results of the 2024 ERE survey suggest change is happening but very slowly
18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.
16 July Case Updates Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Psychology, Psychiatry, Orthopaedics, Pain Expert, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints, CV A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.
15 July News Re-designed website coming soon EWI News We are busy working on redesigning our website to make it more responsive and user-friendly
12 July Podcast Podcast Episode 2: The Post Office Horizon IT Inquiry and the importance of Expert Witness training Post Office Horizon IT Inquiry, Post Office Scandal, 06. Rules and Regulations, 11. Report Writing, 12. Responding to questions, 15. Giving Oral Evidence, 16. Criticism and Complaints, Gareth Jenkins, Expert Witness Training Simon and Sean discuss the importance of Expert Witness training in the context of Gareth Jenkins' evidence at the Post Office Horizon IT Inquiry and some recent judgments.
12 July Case Updates Hitting all three most common compliance errors in expert reports Personal injury, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports. Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)
11 July Case Updates GA v EL [2023] EWFC 187 Single joint expert, 11. Report Writing, 09. Being instructed as a Single Joint Expert, 12. Responding to questions, 13. Experts Discussions and Joint Statements, Daniels v. Walker After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case.
10 July News Update on unregulated experts in children proceedings Unregulated Experts, unregulated psychologist, Family Procedure Rule Committee, 06. Rules and Regulations, Family Procedure Rules, Ministry of Justice, Children Proceedings The Minsitry of Justice intends to draft an amendment to the Family Procedure Rules regualting experts appointed by the court in both public and private law children proceedings.