COURT OF APPEAL TAKE UNUSUAL Decision to Reverse Trial Judge’s Finding on Liability in Cerebral Palsy Case – Zenith PI Blog

Posted February 23rd, 2017 in appeals, birth, disabled persons, expert witnesses, news by sally

‘The Court of Appeal found that the trial judge, Judge Inglis, should have directed himself according to the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. However the Court of Appeal didn’t stop there. They went on to find that, had the relevant medical practitioner in this case, followed Montgomery and given the In Claimant’s mother the relevant information; she would have elected to have her baby induced on 27th December which would have avoided the brain injury and consequent disabilities that he now suffers from.’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

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How is the PLO working? What is its impact on court process and outcome? – Family Law Week

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

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Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

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Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

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Expert witnesses: science friction – Law Society’s Gazette

‘Experts and their evidence are under hostile scrutiny amid fears over a decline in standards, reports Grania Langdon-Down.’

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Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

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Expert Evidence, Adjournment and Proving Loss: A Practical View from the Bar – Littleton Chambers

Posted February 17th, 2017 in adjournment, case management, expert witnesses, news by sally

‘There has recently been a run of cases in which courts have at case and costs management conferences (CCMC) refused permission to a party seeking to call an expert. Such refusals may be made on grounds of relevance, proportionality or because the evidence that is sought to be adduced is, on analysis, not expert evidence at all, as held by the judge in Darby Properties Ltd and another v Lloyds Bank plc [2016] EWHC 2494 (Ch).’

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Littleton Chambers, 11th January 2017

Source: www.littletonchambers.com

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Court of Appeal criticises expert who failed to disclose “close connection” with defendant – Litigation Futures

Posted February 15th, 2017 in disclosure, doctors, evidence, expert witnesses, negligence, news by sally

‘A medical expert who failed to disclose that he had trained the defendant on whose behalf he was giving evidence and that they had “worked together closely for a substantial period” has been criticised by the Court of Appeal’

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Litigation Futures, 14th February 2017

Source: www.litigationfutures.com

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Expert Evidence, Independence and Objectivity: Exp v Barker [2017] EWCA Civ 63 – Zenith PI Blog

‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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High Court judge condemns Leigh Day claimants for “deliberate disregard” of court order in £50m+ costs battle – Litigation Futures

Posted January 12th, 2017 in budgets, costs, expert witnesses, law firms, news by tracey

‘A High Court judge has “unequivocally” condemned claimants represented by group litigation specialists Leigh Day for “deliberate disregard of a court order” in a case where the costs of both sides were estimated at well over £50m.’

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litigation Futures, 10th January 2017

Source: www.litigationfutures.co.uk

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The Taxonomy of Evidence: Experts, Facts, Opinions and the Courts by Grahame Anderson – Littleton Chambers

Posted December 1st, 2016 in admissibility, evidence, expert witnesses, news, opinions by sally

‘In Darby Properties Limited and another v Lloyds Bank plc, Master Matthews has given judgment in a case concerning the admissibility of expert evidence in an interest rates hedging products case.’

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Littleton Chambers, 24th November 2016

Source: www.littletonchambers.com

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Hot-tubbing report sparks rule committee decision to take wider look at expert evidence – Litigation Futures

Posted November 30th, 2016 in civil procedure rules, evidence, expert witnesses, news, reports by tracey

‘The Civil Procedure Rule Committee (CRPC) is to look into the provision of expert evidence in court as it considers the recommendations of a recent report into concurrent evidence, known as hot-tubbing.’

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Litigation Futures, 28th November 2016

Source: www.litigationfutures.com

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Costs ordered against party that ignored efforts to discuss expert evidence – Litigation Futures

Posted November 23rd, 2016 in costs, expert witnesses, law firms, news by tracey

‘Defendants who failed to engage in discussions about expert evidence, leading to the claimants having to go back to court, have been ordered to pay the costs of the hearing.’

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Litigation Futures, 23rd November 2016

Source: www.litigationfutures.com

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Litigants to pay £15k costs after ignoring letters from other side – Law Society’s Gazette

Posted November 22nd, 2016 in costs, expert witnesses, law firms, news by sally

‘The High Court has ordered litigants who ignored correspondence from the other side to pay for the resulting costs. Chief Master Marsh, sitting in the Chancery Division, said it was ‘unacceptable’ for defendants in a patent case to simply ignore letters and proceed without proper engagement.’

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Law Society’s Gazette, 18th November 2016

Source: www.lawgazette.co.uk

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The Importance of an Independent Expert – Zenith PI Blog

Posted November 17th, 2016 in doctors, expert witnesses, news, reports by sally

‘Where an expert loses sight of her duty to provide independent assistance to the court by way of objective unbiased opinion in relation to matters within her expertise.’

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Zenith PI Blog, 15th November 2016

Source: www.zenithpi.wordpress.com

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Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

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Shaken baby evidence doctor reinstated – BBC News

Posted November 4th, 2016 in child abuse, disciplinary procedures, doctors, evidence, expert witnesses, news by tracey

‘A doctor struck off the medical register for the evidence she gave in so-called “shaken baby” cases, has been reinstated.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

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Camber Sands deaths: coroner to investigate public safety measures – The Guardian

Posted November 2nd, 2016 in coroners, expert witnesses, health & safety, holidays, inquests, news by tracey

‘A coroner has said he owes it to the community to investigate what public safety measures could be used at a beach where seven people died in two separate incidents in the summer.’

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The Guardian, 1st November 2016

Source: www.guardian.co.uk

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Should Waney Squier have been struck off over shaken baby syndrome? – BBC News

Posted October 18th, 2016 in appeals, disciplinary procedures, doctors, expert witnesses, news by sally

‘A doctor who disputed the existence of shaken baby syndrome has said she was struck off because her views challenged the establishment. Now she is appealing against the decision, as John Sweeney explains.’

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BBC News, 17th October 2016

Source: www.bbc.co.uk

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

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Speech by Lord Justice Jackson: Concurrent Expert Evidence – Courts and Tribunals Judiciary

Posted July 1st, 2016 in evidence, expert witnesses, lectures, pilot schemes by tracey

‘In this lecture I shall concentrate on one particular Australian invention, which we are now copying in England and Wales. That is concurrent expert evidence.’

Full speech

Courts and Tribunals Judiciary, 30th June 2016

Source: www.judiciary.gov.uk

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