22 October Case Updates Steven Wilson v Ministry of Justice [2024] EWHC 2389 (KB) 06. Rules and Regulations, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints The defendant’s spinal cord injury expert in this case agreed early on in his cross-examination that he had lost all objectivity and independence in the case, while the defendant’s physiotherapy and accommodation experts were criticised by the judge for adopting more partisan approaches in their later evidence.
18 October News Independence, bias and conflicts of interest Conflicts of interest, Bias, Independence, Duty of Expert, Duty to the court, 06. Rules and Regulations, 11. Report Writing, 07. Receiving Instructions, Unconscious Bias Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
18 October Case Updates The Owners of the "Christos Theo" v The Owners of the "Aliki" [2024] EWHC 2106 (Admlty) 12. Responding to questions The claimants objected to the wording of a question for the expert witnesses in marine engineering because it invited the experts to express an opinion on a matter of fact which is ultimately for the court.
16 October Podcast Podcast Episode 5: Range of Opinion Range of Opinion, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 12. Responding to questions, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, Podcast Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion.
14 October News Advice on Expert Fees after CXR v Dome Holdings 06. Rules and Regulations, 01. Starting your Expert Witness Business, 03. Setting Fees and Getting Paid, 02. Working with Agencies or Panels Many expert witnesses, primarily in medico-legal work, use a third-party organisation to help them in their practice. If you use an organisation which invoices the instructing solicitor for your services, you should be aware of legal developments which might affect the information that organisation needs to provide, in order to recover their bill as part of the legal costs recovered at the end of the case.
11 October Case Updates Litigation capacity Psychiatry, litigation capacity, 11. Report Writing, 10. Records Assessments and Site Visits, Jersey Although accepting the medical expert's conclusion on the First Defendant's capacity to appear in court, the Bailiff noted that any further application for an adjournment on health grounds would require a much more significant explanation of the First Defendant's medical history, and precise problems and prognosis, to be provided well in advance. Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086
9 October News Professor Keith Rix and Alison Somek awarded Honorary Fellowship of the EWI Honorary Fellowship The pair were presented with their award at the Sir Michael Davies Lecture on the 9th October.
9 October Case Updates Chifley Holdings Ltd (BVI) v The Commissioners For HMRC [2024] UKUT 301 (LC) 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, 10. Records Assessments and Site Visits, Surveyors, Valuation The judge found that it was without justification and entirely unecessary for an expert to question the opposing expert's professionalism and motives in selecting evidence, noting that this approach was unhelpful for the tribunal.
3 October Case Updates Fact finding by experts Facts, Ireland, 13. Experts Discussions and Joint Statements The court could see no basis on which the plaintiffs could seek to rely on any agreement reached between the experts as to the underlying facts. Nolan v Dildar Ltd (Approved) [2024] IEHC 4
27 September Case Updates Pedestrian-vehicle impact speed and injury severity Head injury criteria scores, Impact speed, Pedestrian-vehicle collision For accident reconstruction, emergency medicine and neurosurgery experts, this case illustrates the interdependence of accident reconstruction and medical evidence and the need for the medical experts to have regard to the accident reconstruction evidence. Colizzi v Coulson [2024] EWHC 1956 (KB)