19 December News The EWI to leave X Social media, 04. Marketing The Expert Witness Institute has made the decision to discontinue its presence on X (formerly Twitter).
19 December News EWI Refreshes Core Training offering Legal role of an expert witness, 11. Report Writing, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 17. Maintaining your professional edge The Expert Witness Institute (EWI) is excited to announce a refresh of its core training offering.
18 December Case Updates A fundamentally dishonest claimant This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who the judge found to be wholly unreliable, as to the extent to which the alleged injuries suffered had impacted her life. Scully -v- Atherton (& others) E13YX311
13 December News Transparency and Open Justice Board Key Objectives 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, Transparency and Open Justice Board is now engaging on its proposed Key Objectives. The Key Objectives represent the high-level outcomes that, once finalised, will guide the Board’s work. They will be used to identify areas where changes can and should be made, as well as to measure the outcomes from any change programme.
13 December Case Updates An unsafe conviction with flawed DNA evidence 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints, Bermuda, DNA Evidence, Privy Council In this Bermudan case, the appellant successfully appealed to the Judicial Committee of the Privy Council to have his convictions quashed because of errors in the collection, examination and interpretation of the DNA expert evidence used in the trial. Julian Washington (Appellant) v The King (Respondent) (Bermuda) [2024] UKPC 34
11 December Day in the life Day in the Life of a Financial Expert Uwe Wystup is a practitioner in the field of foreign exchange options, as well as a senior academic, trainer, and judge. He is the founder of MathFinance, a consulting and software company specialising in quantitative finance and risk management and providing expert witness services.
10 December Case Updates Non-freezing cold injury 06. Rules and Regulations, 15. Giving Oral Evidence, 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 experts when the clinical condition in issue is rarely encountered (or at least rarely recognised) in normal NHS practice. The detail of this judgment may be of interest only to neurologists and vascular surgeons but makes useful reading for any expert instructed in a case where non-freezing cold injury is in issue. Fraser v Ministry of Defence [2024] EWHC 2977 (KB)
5 December Case Updates One tray short of a baker’s dozen: injury on the production line Orthopaedics, 11. Report Writing, 15. Giving Oral Evidence, biomechanics 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
29 November Case Updates Expert appoints herself as social worker, psychologist, therapist and judge Independence, Unregulated Experts, 06. Rules and Regulations, 16. Criticism and Complaints At a time when psychologists in particular are concerned about psychological evidence being given by psychologists who are unregulated, this case illustrates the risks when an ‘independent’ social worker gives psychological evidence. The learning points are of general application. The specifics of the case are for psychologists, psychiatrists and social workers. Coventry City Council v XX [2024] EWFC 249 (B)
27 November Case Updates T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384 06. Rules and Regulations, 11. Report Writing, 07. Receiving Instructions, 16. Criticism and Complaints, Fresh evidence on appeal The father sought permission to rely on fresh evidence that he had a diagnosis of autism spectrum disorder in an appeal against care and placement orders made in respect of his daughter. The judge reviewed the law on admitting fresh evidence on appeal before applying it to the case.