26 November Case Updates Not a fundamentally dishonest stroke victim Fundamental dishonesty, 10. Records Assessments and Site Visits, performance validity testing, 11. Report Writing, 15. Giving Oral Evidence, Test of Memory and Malingering, Thrombolysis, Stroke, TOMM, DRAGON score, Modified Rankin Scale This is an important judgment for experts instructed in cases where there is an issue as to whether thrombolysis should have been carried out following a stroke. The court considered a number of relevant publications. For experts in psychiatry and psychology, it is important as it illustrates how the court tests evidence in cases involving performance validity testing. Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 (KB)
4 November Case Updates Draft report retains litigation privilege (at least for now) Litigation privilege, 07. Receiving Instructions, performance validity testing, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties, Draft Report, Test of Memory and Malingering It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. Perrin v Walsh (Rev1) [2025] EWHC 2536 (KB)