What caused the holidaymaker’s gastroenteritis? What caused the holidaymaker’s gastroenteritis?

What caused the holidaymaker’s gastroenteritis?

The detail of this judgment is for the specialists. It illustrates the challenges of proving that an infection has been caused by food poisoning at a...
A Day in the Life of a Jewellery and Gemstone Expert Witness A Day in the Life of a Jewellery and Gemstone Expert Witness

A Day in the Life of a Jewellery and Gemstone Expert Witness

Dr Richard Taylor is an Expert in the identification, verification and valuation of diamonds, gemstones, jewellery, watches, silver and antiques. He...
Podcast Episode 16: CV Writing Podcast Episode 16: CV Writing

Podcast Episode 16: CV Writing

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and...
Losing a professional membership that underpins your credibility Losing a professional membership that underpins your credibility

Losing a professional membership that underpins your credibility

The claimant brought an action against two of its founding shareholders, and companies owned or controlled by them, seeking compensation for harm...
Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm) Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm)

Ceto Shipping Corporation v Savory Shipping Inc [2025] EWHC 2033 (Comm)

The claimant asserted that the defendant was required to transfer title in a vessel at the expiry of the bareboat counterparty between them. The judge...
The Medical Expert in Court The Medical Expert in Court

The Medical Expert in Court

Fans of true crime and anyone involved in giving expert evidence might be interested in a recent podcast episode from EWI Fellow, Dr Harry Brunjes.
EWI partnership with the Pro Bono Expert Support Scheme EWI partnership with the Pro Bono Expert Support Scheme

EWI partnership with the Pro Bono Expert Support Scheme

The Expert Witness Institute has set up a new partnership with the Pro Bono Expert Support Scheme which is a collaborative initiative between the...
RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th... RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

RICS consultation on Professional Standard for Surveyors acting as Expert Witnesses - 5th...

The RICS is seeking feedback from public stakeholders on the updating of its Professional Standard for Surveyors Acting as Expert Witnesses. The...
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...

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.

Justice for people with a hearing impairment
Keith Rix 1163

Justice for people with a hearing impairment

byKeith Rix

 

Commentary

Although this is a case about the assessment of capacity, it is of general relevance. A psychiatrist whose evidence had often been admitted in capacity cases was assisted in this case of a hearing-impaired person by an interpreter who had British Sign Language (BSL) Level 1 training. Her assessment was subsequently criticised as she conducted the assessment without ‘suitable specialist learning support’. BSL Level 1 training is the lowest of the six levels of training. Clearly, reliable communication is essential in assessment, as in this case, of capacity to make various decisions, a matter usually one for psychiatrists and psychologists. However, there are other circumstances in which healthcare experts are particularly reliant on an interpreter’s skills, for example in exploring, in retrospect, a hearing-impaired person’s capacity to consent to an operative procedure or operation.

For psychiatrists and psychologists, the case illustrates the importance, in the case of some hearing-impaired subjects, of being assisted, or of the assessment being carried out, by a psychologist or psychiatrist who has experience of the assessment and treatment of hearing-disabled people.

Learning points:

General

  • There is an obligation on those proposing an expert instruction, and on the expert themselves, to make sure that expert has the requisite expertise to prepare the expert report being sought.     

  •  If you are assisted by a British Sign Language interpreter ascertain to what level they are qualified. There are six levels. Record the level in your report.

Capacity

  • If you are a non-deaf specialist, you need suitable specialist interpreting support.

  • A diagnosis in someone with extreme language deprivation of a 'borderline learning disability' is likely to be inaccurate if it has arisen due to use of assessments which are not valid for deaf people.

  • An individual with 'language deprivation syndrome' functions very much as if they have a learning disability, although the origin of it is deprivations, rather than organic impairment of the brain from birth'.

  • The use of a non-specialist expert is not an appropriate substitute for the specialist assessment.

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.