8 August Case Updates Warrington Borough Council v Y [2023] EWCOP 27 Care, Psychology, Psychiatry, Capacity, Residence, Frontal lobe damage, Frontal lobe paradox, 10. Report Writing, 09. Records Assessments and Site Visits “Aim for magnetic north in capacity cases”
8 August Case Updates Palmer v Mantas [2022] EWHC 90 (QB) Part 35, Personal injury, Bias, Language, Exaggeration / Dishonesty, Preparation for a personal injury assessment, 10. Report Writing, 13. Changing your opinion, 14. Giving Oral Evidence, 09. Records Assessments and Site Visits “Mind your language and avoid pre-judging the claimant”
8 August Case Updates JAI v Secretary of State for the Home Department [2023] UKAITUR PA037092020 Medical records, Immigration and asylum, 10. Report Writing “The importance of the medical records”
8 August Case Updates R v Hussain [2023] EWCA Crim 697 Psychology, Psychiatry, Compliance, Covid-related limitations, Callousness, Flat affect, 09. Records Assessments and Site Visits “Remote (video) assessment challenged” Here is an unsuccessful attempt to challenge an expert’s evidence on the basis that it was obtained as a result of “Covid-related limitations” in that the expert assessed the accused remotely.
8 August Case Updates Chapman v Mid & South Essex NHS Foundation Trust [2023] EWHC 1290 (KB) Negligence, Literature, Pain Medicine, Disc prolapse, 10. Report Writing, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence “Going weak at the knees - allegedly negligent delayed diagnosis and treatment of a thoracic disc prolapse”
8 August Case Updates Shally v Imperial College Healthcare NHS Trust [2023] EWHC 1304 (KB) Negligence, Clinical negligence, Neurosurgery, Costotransversectomy, 10. Report Writing “A negligent failure to perform a costotransversectomy?” The detail of this judgment will be of interest to neurosurgeons and spinal surgeons. However, particularly as the judgment quotes C v North Cumbria University Hospitals Trust [2014] Med. L.R. 189 which gives meaning to the adjectives ‘responsible’, ‘competent’ and ‘respectable’ in Bolitho, this is a useful judgment to have to hand when preparing a report in a case of alleged clinical negligence.
8 August Case Updates Northampton General Hospital NHS Trust v Hoskin (Manchester County Court, unreported, 22 May 2023) Expert's fees, Medical Reporting Agencies, 02. Setting Fees and Getting Paid “Experts fees”
8 August Case Updates Sicwebu v Secretary of State for the Home Department [2023] EWCA Civ 550 Judicial critism, 15. Criticism and Complaints “The expert vindicated”
8 August Case Updates Henderson & Jones Ltd v Ross [2023] EWHC 1276 (Ch) Oral testimony, Expert's meeting, Joint statement, 10. Report Writing, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence “What is the purpose of the joint statement?”
8 August Case Updates Cusworth, R (On the Application Of) v Secretary of State for Justice [2023] EWHC 1281 (Admin) Psychology, Psychiatry, Autism, Risk assessment, HCR-20, Relapse Prevention Plan, Self-Harm, Respect, 10. Report Writing This judgment illustrates how expert reports which are properly prepared can assist a decision-maker without the need for oral evidence. It also shows how thoroughly the court will analyse expert evidence as to risk.