A deficient capacity assessment A deficient capacity assessment

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct...
The Isolation of Experts The Isolation of Experts

The Isolation of Experts

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go...
Competition Appeal Tribunal Practice Direction on Expert Evidence Competition Appeal Tribunal Practice Direction on Expert Evidence

Competition Appeal Tribunal Practice Direction on Expert Evidence

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to...
Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513 Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

The Claimant defaulted on a loan secured by a mortgage on a warehouse building. It disagreed with the Receiver's approach to marketing the...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

A fundamentally dishonest claimant
Sean Mosby 1291

A fundamentally dishonest claimant

bySean Mosby

 

Summary

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.

Learning points

Learning points for experts:

  • The medical and psychological experts in a personal injury case will often need to rely largely on the self-report of the claimant,

  • If an expert’s report is built on a false factual basis (e.g. the client is found to be wholly unreliable), the expert evidence can be rejected

  • Consequently, the credibility of the injured person is of central importance.

Learning points for instructing parties:

  • The rule determined by the Supreme Court on uncontroverted evidence in Tui v Griffiths does not apply in certain circumstances. Seven circumstances are cited in the judgment including where the report is founded on a false basis.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.