Experts’ Agendas – a Warning from the Bench – No. 5 Chambers

Posted December 14th, 2018 in civil procedure rules, expert witnesses, news, practice directions by sally

‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’

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No. 5 Chambers, 10th December 2018

Source: www.no5.com

Speech by Lord Justice McFarlane: Bond Solon Experts Conference 2018 – Courts and Tribunals Judiciary

Posted November 12th, 2018 in expert witnesses, family courts, speeches by tracey

‘As a family judge, and now the judge responsible for the family justice system throughout England and Wales, I am very pleased to be able to address this conference and to take the opportunity to say something about the role of experts in family proceedings, the role of experts more generally before concluding, on a topic which may be of general interest to each of you, by saying something about the radical changes which are currently being developed and implemented in every court and tribunal and in every area of jurisdiction, be it criminal, civil or family law.’

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Courts and Tribunals Judiciary, 9th November 2018

Source: www.judiciary.gov.uk

The Advocate and the Expert in the Court of Protection – Expert Witness

Posted November 6th, 2018 in advocacy, barristers, case management, Court of Protection, expert witnesses, news by sally

‘The aim of this article is to explore the practical interface between the advocate and the expert in proceedings before the Court of Protection (‘COP’), and is written for both lawyers and experts. Unless otherwise stated, all statutory references are to the Mental Capacity Act 2005 (‘MCA’), and the person over whom the court has jurisdiction is referred to a ‘P’.’

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Expert Witness, 5th November 2018

Source: scoop-cms.s3-eu-west-1.amazonaws.com

Jail for PI lawyer who lied in witness statements – Legal Futures

‘A solicitor described by a High Court judge as a “thoroughly dishonest man” has been jailed and a medical expert who produced an “astonishing” 32 reports a day handed a suspended prison sentence for civil contempt of court.’

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Legal Futures, 10th October 2018

Source: www.legalfutures.co.uk

Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope – Courts and Tribunals Judiciary

Posted October 9th, 2018 in expert witnesses, judges, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Experts under the Judicial Microscope.’

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Courts and Tribunals Judiciary, 8th October 2018

source: www.judiciary.uk

Disciplined solicitor blames failings on legal aid cuts – Legal Futures

Posted September 25th, 2018 in costs, disciplinary procedures, expert witnesses, legal aid, news, solicitors by sally

‘A criminal sole practitioner has been fined for offences including failure to distribute legal aid payments for professional disbursements, which he blamed on having laid off a manager after the firm suffered from government cutbacks.’

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Legal Futures, 25th September 2018

Source: www.legalfutures.co.uk

Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures

Posted August 17th, 2018 in drafting, evidence, expert witnesses, news, solicitors by sally

‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’

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Litigation Futures, 16th August 2018

Source: www.litigationfutures.com

Advocate and expert – asking for trouble – Nearly Legal

Posted August 14th, 2018 in advocacy, expert witnesses, news, rates, surveyors, tribunals, valuation by sally

‘Non-domestic rating is not something we usually cover on this blog. It is, after all, not about housing. But the decision of the Upper Tribunal (Lands Chamber) in Gardiner & Theobold LLP v Jackson (Valuation Officer) [2018] UKUT 253 (LC) goes much wider.’

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Nearly Legal, 13th August 2018

Source: nearlylegal.co.uk

Senior judge warns experts over conditional fee agreements – Litigation Futures

Posted August 9th, 2018 in disciplinary procedures, expert witnesses, fees, news by tracey

‘The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees.’

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Litigation Futures, 8th August 2018

Source: www.litigationfutures.com

Paediatricians as Expert Witnesses in the Family Courts in England and Wales: Standards, competencies and expectations – Courts and Tribunals Judiciary

Posted August 9th, 2018 in children, doctors, expert witnesses, family courts by tracey

‘Produced by the Family Justice Council and the Royal College of Paediatrics and Child Health, this guide directs the reader to discipline-specific information with regards to paediatricians as expert witnesses. It is intended to be used by all stakeholders as a companion document to the generic expert witness standards set out in Part 25 of the Family Procedure Rules.’

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Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.uk

Capacity in the context of Prader-Willi syndrome – Family Law

Posted July 31st, 2018 in disabled persons, expert witnesses, mental health, news, social services by sally

‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’

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Family Law, 30th July 2018

Source: www.familylaw.co.uk

The risks to litigants in person when cross-examining psychologist expert witnesses – Family Law

Posted June 26th, 2018 in cross-examination, expert witnesses, news, psychiatrists by sally

‘Many psychologist expert witnesses, from professional bodies (British Psychological Society) to more informal expert witness networks, have raised concerns about the impact of this practice. The concerns fall into three main areas: the potential harm of conducting such a cross-examination to the litigants in person (LiPs) in question; potential breaches of ethical conduct for the psychologist expert; and the potential impact on the quality of the evidence. This paper hopes to set out these issues and invites discussion as to potential guidance and remedy.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk

‘Smoke and mirror’ tactics of drink-drive defence teams criticised – The Guardian

‘The “smoke and mirror” tactics of defence lawyers in drink-driving cases have been criticised by the government’s forensic science regulator, who has launched an investigation into the work of a number of expert witnesses.’

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The Guardian, 18th June 2018

Source: www.theguardian.com

I was re-reading the Ikarian Reefer only last week – Practical Law: Construction Blog

Posted June 6th, 2018 in expert witnesses, news, personal injuries, ships by tracey

‘Sometimes the old cases are the best ones and that surely has to be true of the Ikarian Reefer. Even now, over 25 years since the judgment at first instance was handed down (and countless other pieces of guidance have been published) we still see experts getting it wrong.’

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Practical Law: Construction Blog, 5th June 2015

Source: constructionblog.practicallaw.com

Finance and Divorce Update, April 2018 – Family Law Week

‘Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.’

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Family Law Week, 15th April 2018

Source: www.familylawweek.co.uk

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Who is it that doesn’t like Mondays? – UK Human Rights Blog

Posted March 19th, 2018 in artistic works, copyright, expert witnesses, intellectual property, news by sally

‘Music nerds may remember with fondness the great copyright wrangle involving Procol Harum and Bach. The focus of that dispute was the organ line in the 1967 hit Whiter Shade of Pale, and Blackburne J’s judgment is imperative reading for anyone interested in the law’s dominion over music, ideas or intellectual property in general. Go to the end of this post for a reminder of that entertaining litigation and its outcome.’

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UK Human Rights Blog, 18th March 2018

Source: ukhumanrightsblog.com

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

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Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com

The challenge of expert evidence – Counsel

Posted February 12th, 2018 in cross-examination, evidence, expert witnesses, news by tracey

‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’

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Counsel, February 2018

Source: www.counselmagazine.co.uk

Unreliable forensic toxicology tests – next steps – Family Law

‘Family analysis: The Ministry of Justice (MoJ) has announced that it is treating some hair strand test results as potentially unreliable. Maud Davis, partner at TV Edwards LLP looks at what this could mean for proceedings involving children where there was a reliance on hair strand testing, and suggests next steps for family practitioners advising in this area.’

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Family Law, 7th December 2017

Source: www.familylaw.co.uk