Elevate Your Expertise: Join the EWI's Inaugural Study Day in London Elevate Your Expertise: Join the EWI's Inaugural Study Day in London

Elevate Your Expertise: Join the EWI's Inaugural Study Day in London

The Expert Witness Institute (EWI) is thrilled to announce its inaugural Study Day, a comprehensive event designed to empower both aspiring and...
An approach entirely contradictory to the duties and responsibilities of expert witnesses... An approach entirely contradictory to the duties and responsibilities of expert witnesses...

An approach entirely contradictory to the duties and responsibilities of expert witnesses...

This is a case in which the tribunal was critical of an expert witness. One criticism was that he did not expressly acknowledge the guidance provided...
Krzysztof Lukasik v Circuit Court, Praga in Warsaw (A Polish Judicial Authority) [2025]... Krzysztof Lukasik v Circuit Court, Praga in Warsaw (A Polish Judicial Authority) [2025]...

Krzysztof Lukasik v Circuit Court, Praga in Warsaw (A Polish Judicial Authority) [2025]...

While the Judge in this extradition appeal ultimately reached the same conclusion as the District Court Judge, and dismissed the appeal, he pointed...
Undisplaced spiral right humeral fracture – accidental or non-accidental? Undisplaced spiral right humeral fracture – accidental or non-accidental?

Undisplaced spiral right humeral fracture – accidental or non-accidental?

This case illustrates how the Family Court depends on expert paediatric and radiological evidence to decide when and how a child’s fracture was...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...
Podcast Episode 9: Becoming an Expert Witness Podcast Episode 9: Becoming an Expert Witness

Podcast Episode 9: Becoming an Expert Witness

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you,...
Working on a ‘no win – no fee’ basis Working on a ‘no win – no fee’ basis

Working on a ‘no win – no fee’ basis

Professor Keith Rix discusses whether experts can accept instructions on the basis of mirroring the solicitors’ ‘no win – no...
Call for evidence: Use of evidence generated by software in criminal proceedings Call for evidence: Use of evidence generated by software in criminal proceedings

Call for evidence: Use of evidence generated by software in criminal proceedings

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings. The call for...
A Day in the Life of an Emergency Medicine Expert Witness A Day in the Life of an Emergency Medicine Expert Witness

A Day in the Life of an Emergency Medicine Expert Witness

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert...
Podcast Episode 8: Re-evaluating your opinion Podcast Episode 8: Re-evaluating your opinion

Podcast Episode 8: Re-evaluating your opinion

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate...
Podcast Episode 7: Review of 2024 Podcast Episode 7: Review of 2024

Podcast Episode 7: Review of 2024

In the last podcast for 2024, we look back at the ten key issues for expert witnesses that we've seen over the course of 2024, and highlight the...
Day in the Life of a Financial Expert Day in the Life of a Financial Expert

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...

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.

An approach entirely contradictory to the duties and responsibilities of expert witnesses identified in The Ikarian Reefer
Keith Rix 18

An approach entirely contradictory to the duties and responsibilities of expert witnesses identified in The Ikarian Reefer

byKeith Rix

 

Commentary

This is a case in which the tribunal was critical of an expert witness. One criticism was that he did not expressly acknowledge the guidance provided in the Ikarian Reefer in his declaration – “a step taken by many experts who prepare reports for this Chamber”. I do not recall seeing a declaration that refers to the Ikarian Reefer per se, but the point is that the ‘extended’ declarations advocated by Bond Solon, The Academy of Experts and the Expert Witness Institute are based in part on the Ikarian Reefer.

I have often referred to having seen an expert report that gave no indication as to the name of the expert. I know that many people have found this hard to believe. Well, it has happened again.  

Learning points:

General

  • The expert should provide clarity as to, and relevant details of, their instructions (‘the substance of all material instructions’).

  • An expert should be able to explain why some time after their original report has been prepared, and in the absence of any further assessment of the subject, they have been instructed to provide a second report (‘the substance of all material instructions’).

  • Assessments of non-English speaking patients facilitated by an interpreter pose specific communication challenges to all participants. There will be concern that important diagnostic and relational cues are lost because of the way original speech is rendered by language interpreters.

  • Identify with clarity the language in which the subject completed any questionnaires.

  • Where someone has assisted the subject in completing any questionnaires, the expert has to engage in detail with the extent to which the answers were the subject’s own, or a hybrid coupled with their assistant’s personal understanding of their circumstances, and the assistant’s understanding as to what the subject was endeavouring to say.

  • Discounting test scores which do not accord with the expert’s expectation as to their likely outcome because of the appellant's limited English language skills but being content to rely upon others where conclusions are favourable to the subject's case, requires an explanation.

  • 'Sources of Information' (or ‘Documents and materials’) should be accurate and complete, in particular as to the medical records considered.

  • The expert’s name should not be missing from the report; an unintelligible signature is not sufficient.

  • An expert who is a professor should indicate the institution at which the professorship is held or by which it is awarded.

  • An expert who opines in general terms on facts outside their purported area of expertise must provide an explanation as to the foundations of their opinion.

Immigration and asylum

  • Asylum and human rights claims are different matters.

  • Expert or other evidence produced in asylum and immigration matters should not encroach on a tribunal's identification of whether a well-founded fear of persecution and/or the risk of a breach of protected rights under the Human Rights Act 1998 arise.

  • A declaration is required, whether or not referring specifically to the Ikarian Reefer, to the effect that the expert has complied with its requirements as to expert evidence.

  • An expert should be able to explain, if it be so, why they consider him/herself capable of presenting factual evidence to a tribunal on the provision of health care in a country in which they do not work.

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.