18 July 2024 Keith Rix 433 Case Updates D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663 byKeith Rix Summary This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. But there are important lessons here for experts, not just judges. It is part of the expert’s duty to consider any literature which may be available in their field, and not to draw conclusions merely on the basis of their own experience. Then the expert must be prepared for an analysis in court of the literature on which they have relied. Counsel, the judge and other experts will have familiarised themselves with the literature quoted. This judgment is rich in examples of how lawyers analyse medical literature in order to form a view as to its relevance and its reliability. For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls. Learning points To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags Literature05. Rules and Regulations10. Report Writing14. Giving Oral EvidenceExtradural haematomaSubdural haematomaSubretinal haemorrhageTracking Acceleration/decelerationEncephalopathyAbusive head traumaLow level fallIntracranial bleedingShaking Related articles Is it within the remit of an expert to decide which witness of fact they believe or disbelieve? When the joint statement is no more than really two statements, one from each expert. The dangers of a considerable burden of expert work Preliminary (pre-report) experts’ meetings A Day in the Life of a Medicolegal Expert Witness Switch article Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) Previous Article Women appointed or testified as sole expert witnesses in just 9% of disputes worldwide in 2023, ERE survey reveals Next Article Comments are only visible to subscribers.