20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 14. Changing your opinion, 15. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
13 June Case Updates Secretary of State for the Home Department v Bal [2023] UKAITUR UI2023001885 Psychology, Psychiatry, Duties of the Expert, Expertise, 11. Report Writing, Asylum and immigration, Country experts The report of the psychiatrist expert witness strayed outside his expertise. It did not show any clear independent knowledge, demonstrate that that he was a country expert, or provide supporting source material.
6 June Case Updates The Cahill v Seepersad [2023] IEHC 583 Expert evidence, Independence, Duties of the Expert, Ireland, 06. Rules and Regulations, 11. Report Writing, 16. Criticism and Complaints The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence.
4 June Case Updates When it is advisable to decline instructions Expert evidence, Duties of the Expert, Expert Witness, 11. Report Writing, 07. Receiving Instructions, 15. Giving Oral Evidence, Property valuation Mr X accepted instructions to provide advice in property valuation despite not being an expert in that field. Kallakis v Kallakis [2023] EWHC 2148 (Comm)
14 November News Admissibility or weight: what is the test for expert evidence? Admissibility, Impartiality, Expert's behaviour, Bias, Independence, Duties of the Expert, Duty of Expert, Duty to the court, Legal role of an expert witness, Expert bias, 06. Rules and Regulations, 15. Giving Oral Evidence, 10. Records Assessments and Site Visits In an exceptional case, as here, where the expert singularly and spectacularly fails in their duties to the court, expert evidence may be deemed inadmissible and never get to the stage of being tested for weight.
15 June Case Updates Saxby v UDG Healthcare (UK) Holdings Limited [2021] EWHC 144 (Ch) Duties of the Expert, Language, 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties, 15. Giving Oral Evidence, 10. Records Assessments and Site Visits The case: a claim arising out of the sale, by the Claimants (and the other shareholders) to the Defendant of their shareholdings contending that they were induced to sell by actionable misrepresentations, some of which were fraudulent, which also amounted to negligent misstatements.