A deficient capacity assessment A deficient capacity assessment

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct...
The Isolation of Experts The Isolation of Experts

The Isolation of Experts

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go...
Competition Appeal Tribunal Practice Direction on Expert Evidence Competition Appeal Tribunal Practice Direction on Expert Evidence

Competition Appeal Tribunal Practice Direction on Expert Evidence

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to...
Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513 Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

The Claimant defaulted on a loan secured by a mortgage on a warehouse building. It disagreed with the Receiver's approach to marketing the...
EWI Guidance on Approaching Retirement EWI Guidance on Approaching Retirement

EWI Guidance on Approaching Retirement

Retiring from your role as an expert witness is a significant decision that requires careful consideration and planning. The EWI has published new...
Podcast Episode 20: Review of 2025 Podcast Episode 20: Review of 2025

Podcast Episode 20: Review of 2025

Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over...
Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch) Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

The Claimants brought an action against the Defendant, the Secretary of State for Education, for negligence and misfeasance in public office, relating...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...
Podcast Episode 19: Transparency and Open Justice Podcast Episode 19: Transparency and Open Justice

Podcast Episode 19: Transparency and Open Justice

In this month's episode of the Expert Matters Podcast, we explore recent developments in Transparency and Open Justice. You can also catch our...
A Day in the Life of a Paramedical Skin Camouflage Expert Witness A Day in the Life of a Paramedical Skin Camouflage Expert Witness

A Day in the Life of a Paramedical Skin Camouflage Expert Witness

Vanessa Jane Davies is the founder of Skin Camouflage Services, an independent expert practice offering paramedical skin camouflage, non-invasive scar...
Podcast Episode 18: Pro Bono Expert Evidence Podcast Episode 18: Pro Bono Expert Evidence

Podcast Episode 18: Pro Bono Expert Evidence

Today is the start of the 24th UK Pro Bono Week. In this extra edition of the Expert Matters Podcast we discuss the EWI's recent Partnership with...
A Day in the Life of a Speech and Language Expert Witness A Day in the Life of a Speech and Language Expert Witness

A Day in the Life of a Speech and Language Expert Witness

We speak to a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing medicolegal...

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.

Unresponsive episodes in a child and the role of chloral hydrate
Keith Rix 1753

Unresponsive episodes in a child and the role of chloral hydrate

byKeith Rix

 

Commentary

The learning points from this case can be understood without reading the summary. For the specialists it illustrates how the court investigates case of perplexing presentations in children and the importance of considering as many as possible explanations. This was a case where the medical history was complex and where the material events occurred over a 5 months’ admission, so the volume of medical records must have been immense. The court was obviously greatly assisted by the expert factual evidence of one of the child’s consultants, specifically his summary of the child’s medical conditions and his table of medication. The weakness of one of the experts was that he had not sufficiently familiarised himself with the contents of the medical records and was not as familiar as with the chronology of the case as he might have been if he had created a chronology in his own investigation of the case.   

Learning points

  • Conclusions should be sufficiently fully reasoned for the court to understand why they have been reached.

  • In a complex medical case, albeit requiring great effort, it is necessary to be sufficiently familiar with the history and the records to understand and respond to as many questions as possible as otherwise the court may place little weight on your opinion.

  • Creating a chronology can avoid misunderstanding as to when events took place.      

  • Variations in conclusions can likewise result in the court placing little weight on your opinion.

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.