18 July Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 Literature, Extradural haematoma, Subdural haematoma, Subretinal haemorrhage, Tracking Acceleration/deceleration, Encephalopathy, Abusive head trauma, Low level fall, Intracranial bleeding, Shaking, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence 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, 16. Criticism and Complaints, CV, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence 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.
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, 16. Criticism and Complaints, Gareth Jenkins, Expert Witness Training, 06. Rules and Regulations, 11. Report Writing, 12. Responding to questions, 15. Giving Oral Evidence 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, 16. Criticism and Complaints, 17. Maintaining your professional edge, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 15. Giving Oral Evidence 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, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 11. Report Writing, 12. Responding to questions, 13. Experts Discussions and Joint Statements 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, Family Procedure Rules, Ministry of Justice, Children Proceedings, 06. Rules and Regulations 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.
9 July News Update on Civil Procedure Rule Committee Access to Court Documents Proposals Civil Procedure Rules, Civil Procedure Rule Committee, Access to Court Documents, Transparency and Open Justice Board, 06. Rules and Regulations The Civil Procedure Rule Committe has temporarily paused work on the proposed reforms to Access to Court Documents to allow the Transperancy and Open Justice Board to conduct the first phase of its work. The Committee has penciled in time in autumn to consider the matter further.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 06. Rules and Regulations, 12. Responding to questions, 13. Experts Discussions and Joint Statements When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker. John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)
4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 13. Experts Discussions and Joint Statements The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)
1 July News The Post Office Horizon IT Inquiry and the importance of Expert Witness training Duty of Expert, Duty to the court, Post Office Horizon IT Inquiry, Post Office Scandal, 17. Maintaining your professional edge, Gareth Jenkins, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence Gareth Jenkins gave evidence to the Post Office Horizon IT Inquiry from 25 to 28 June on the expert evidence he provided on the Horizon IT system. Mr Jenkins told the Inquiry that he had been unaware of his duties as an Expert Witness and had not been offered any training to support his role. The EWI offers comprehensive training on the core competencies of an Expert Witness. We urge policy and rule makers, and the judiciary, to consider how to ensure that Expert Witnesses fully understand their duties and know how to apply them.