28 January News Peter Morton shares this alert which considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious irregularity upon a misapplication by the tribunal of a model agreed between quantum experts for assessing damages. Guidance from the English Court on Experts' Conflicts of Interests 03. Setting Fees and Getting Paid, 07. Receiving Instructions, 06. Rules and Regulations
11 January Case Updates Davies v Ford [2020] EWHC 3063 (Ch), 2020 WL 06947674 Qualification, 07. Receiving Instructions Topic: Qualifications The case: The second defendant wanted to adduce expert evidence from a waste management expert in the quantum trial of the claim.
11 January Case Updates Magee v Joy Angela Willmott [2020] EWHC 1378 (QB), 2020 WL 02797582 07. Receiving Instructions, 08. Working with Instructing Parties Topics: Breach of duty Expert’s duty to instructing party
27 July Case Updates LK [2020] CSIH 40, 2020 WL 03841232 Obstetrics, Midwifery, 07. Receiving Instructions, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 11. Report Writing Relevance: General Obstetrics/midwifery
27 July Case Updates Toby Chaplin v Ben Pistol Personal injury, Life expectancy, Statistics, 07. Receiving Instructions, 10. Records Assessments and Site Visits, 11. Report Writing Relevance: Personal injury litigation Topics: Life expectancy Statistics
27 July Case Updates Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC), 2020 WL 03272792 Conflicts of interest, 07. Receiving Instructions, 06. Rules and Regulations, 08. Working with Instructing Parties Relevance: General Topics: Conflict of interests
27 July Case Updates Darrell Stewart Jones v Ministry of Defence [2020] EWHC 1603 (QB), 2020 WL 03415114 Causation, Clinical negligence, Life expectancy, HIV, Delayed diagnosis, 07. Receiving Instructions, 10. Records Assessments and Site Visits, 11. Report Writing, 15. Giving Oral Evidence Relevance: General Clinical negligence Topics: Life expectancy Delayed diagnosis HIV Causation
6 July Case Updates Dr X, Medical Practitioners Tribunal, 2020 Capacity cases, Medical health, Tribunal, Litigants in person, Top-up fees, Expert's behaviour, 03. Setting Fees and Getting Paid, 07. Receiving Instructions, 10. Records Assessments and Site Visits, 08. Working with Instructing Parties Issues: Capacity Expert’s behaviour Litigants in person Top-up fees
5 November News Essential Do’s and Don’ts for Expert Witnesses 07. Receiving Instructions, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties, 12. Responding to questions, 15. Giving Oral Evidence The expert is now closely regulated by the rules. Provided that they conduct themselves in an honest, competent and careful professional manner they are unlikely to transgress the rules. However, experience has shown that there are pitfalls, pitfalls which may have serious consequences.
1 March Day in the life The view from a Document Examiner 03. Setting Fees and Getting Paid, 07. Receiving Instructions, 11. Report Writing We spoke to a Document & Handwriting Examiner to understand their role as an Expert Witness.