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...
NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm) NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm)

NMC Health PLC v Ernst & Young LLP [2024] EWHC 3021 (Comm)

The defendant made an application for adjournment on the proposition that it could not be ready for trial because its experts required additional time...
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...
Justice for people with a hearing impairment Justice for people with a hearing impairment

Justice for people with a hearing impairment

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...
Family Court reporting pilot to be extended nationally Family Court reporting pilot to be extended nationally

Family Court reporting pilot to be extended nationally

The Family Procedure Rule Committee has approved a proposal to roll-out the family court reporting pilot nationally, through changes to the Family...
Judicial analysis of written expert healthcare evidence Judicial analysis of written expert healthcare evidence

Judicial analysis of written expert healthcare evidence

This is an important judgment for experts who prepare personal injury reports in the Republic of Ireland but also for all experts, in all of the...
New Immigration and Asylum Practice Direction New Immigration and Asylum Practice Direction

New Immigration and Asylum Practice Direction

The new Practice Direction of the Immigration and Asylum Chamber of the First Tier Tribunal came into force on 1 November 2024. The Practice Direction...
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...
Podcast Episode 6: In Conversation with Giles Eyre Podcast Episode 6: In Conversation with Giles Eyre

Podcast Episode 6: In Conversation with Giles Eyre

In the 6th Episode of the Expert Matters Podcast, Simon talks with retired Barrister and expert witness trainer, Giles Eyre, who is retiring as an EWI...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...

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.

Preliminary (pre-report) experts’ meetings
Keith Rix 356

Preliminary (pre-report) experts’ meetings

byKeith Rix

 
Commentary

Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This case referred to a circumstance more commonly, or perhaps seldom otherwise, encountered in the Technology and Construction Court. 

Expert evidence issue

In this case reference was made to the usual practice in the Technology and Construction Court, of the experts being directed to meet on a without prejudice basis before the exchange of their reports. The purpose of that direction is that it encourages experts to express independent opinions without any concern that they are departing from what they have already committed to writing in their reports, and that their reports will then be limited to the matters which are still in dispute. Although that ought to encourage briefer reports, experts not uncommonly end up explaining what they have agreed and why. Sometimes that is genuinely necessary in order to enable the court to understand the effect of the agreements that they have reached, or to explain the areas of disagreement that remain. Sometimes it is, at best, unnecessary and, at worst, confusing. Which it is, is necessarily case specific.

Learning point
  • In a TCC case, where the experts are directed to meet before the exchange of reports, it may be sufficient to report no more than the identified points of disagreement but it does depend on the nature of the case.

Share

Print
Comments are only visible to subscribers.