29 August Case Updates Haywood v Ritchie & Ors (t/a as H Ritchie & Sons) [2005] NIQB 42 Personal injury, Medical expert, 05. Rules and Regulations, 11. Responding to questions, Northern Ireland This case concerns three important issues in personal injury litigation in Northern Ireland: the extent of the plaintiff’s medical records to which an expert can have access; what the expert can ask about how the injury was sustained; and whether a plaintiff can refuse to be assessed by a particular expert.
22 August Case Updates Director of Public Prosecutions v BB (Approved) [2024] IECA 155 Ireland, Psychologist This Irish case is primarily of interest to psychologists and others concerned about courts’ reliance on evidence from psychologists who are not registered with an appropriate regulator and not clinically trained. The points of general application concern the high threshold to be reached in order to admit as expert evidence the evidence that comes from a body of knowledge that is not widely recognised.
20 August Case Updates Kirk v Culina Group Ltd [2024] EWHC 1431 (KB) 10. Report Writing, 12. Experts Discussions and Joint Statements, Accident and Emergency The court considered that there was some substance to the criticisms of an accident and emergency expert for not dealing with matters in his primary report which he then agreed in the joint report with the opposing expert (who had included the issues in his primary report). These were however criticisms for failing to deal with points, rather than criticisms of the opinions he actually expressed in his primary report.
12 August Case Updates Should anyone else be present at the consultation? Remote assessments, 09. Records Assessments and Site Visits This is an important judgment that sets out the position taken by the courts as to the presence of another person during an expert assessment. Belkovic v DSG International Plc [2014] NIQB 25
7 August Case Updates When judicial criticism is unjustified Psychology, Autism, 15. Criticism and Complaints So many of the judgments summarised in this compendium are ones in which experts are criticised and there are lessons to be learned. What this judgment makes clear is that the first instance judge was wrong to have criticised Dr Matthews ("a very experienced child psychologist"). Yes, experts sometimes get it wrong and judicial criticism is justified. But judges can also get it wrong, in this case in their criticism of an expert. PP v JP & Ors [2024] EWHC 1697 (Fam)
30 July Case Updates JJMC v The Secretary of State for the Home Department [2024] UKAITUR UI2022005862 Immigration and asylum, 05. Rules and Regulations, 10. Report Writing, 01. Starting your Expert Witness Business, CV In this appeal of an asylum decision, the court was unable to discern sustainable and tolerably clear reasons as to why the judge rejected the expertise of the expert witness and his expert opinion provided in his report.
25 July Case Updates Toxicological evidence in an environmental contamination case Medical records, 10. Report Writing, Toxicology The claimants, who claimed to have suffered personal injury caused by contaminants in a housing development, relied on the evidence of Professor T. The court found that Professor T did not provide any medically reasoned justification which would allow the court to make findings supporting his conclusions and did not explain in detail how he was able to reach his view on causation. The detail of this judgment is important for toxicology experts. It may be useful for medical experts as an example of the courts’ approach to causation. Pelosi v Lanarkshire Housing Association Ltd [2024] ScotCS CSOH 56
23 July Case Updates PTSD and self-defence 05. Rules and Regulations, 10. 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
18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, 05. Rules and Regulations, 10. Report Writing, 14. 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, 05. Rules and Regulations, 10. Report Writing, 14. Giving Oral Evidence, 15. 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.