expert witnesses – Current Awareness

Triplerose Ltd v Ms Bronwen Stride [2019] UKUT 99 (LC) – Tanfield Chambers

Posted December 4th, 2019 in expert witnesses, landlord & tenant, leases, news, service charges, surveyors by sally

‘There was inadequate evidence to conclude that a lease was ‘unsatisfactory’ for the purposes of s.35 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), and an FTT order varying the lease was overturned. The FTT decision finding no prejudice due to a lack of expert evidence was also set aside: this decision could not stand in circumstances where an application to adjourn to obtain expert evidence had been refused due to their being an expert surveyor on the panel.’

Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Covert recording in a PI claim: ramifications for Employment Tribunals? – 3PB

Posted December 4th, 2019 in admissibility, audio recordings, civil procedure rules, employment tribunals, evidence, expert witnesses, news, personal injuries by sally

‘On 21 January 2014, a road traffic accident took place in Milton Keynes (liability having been conceded). The Claimant’s (hereinafter referred to as “C”) Honda Jazz was struck from behind by a Fiat Punto; there are 3 defendants (referred to collectively as “D”).’

3PB, 4th November 2019

Source: www.3pb.co.uk

Expert who “fall short” face “much more robust” response – Litigation Futures

Posted November 11th, 2019 in case management, contempt of court, expert witnesses, judiciary, news, perjury, professional conduct, suspended sentences by sally

‘Expert witnesses who “fall short of the mark” face a “much more and properly robust” response from the courts, a recently retired Court of Appeal judge has warned.’

Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Court of Appeal quashes homelessness “vulnerability” decision – Doughty Street Chambers

Posted October 29th, 2019 in appeals, expert witnesses, homelessness, housing, news, psychiatrists by sally

‘The Court of Appeal has given further guidance on the vexed meaning of vulnerability for the purposes of the homelessness provisions in the Housing Act 1996, Part 7, and the handling of medical evidence.’

Doughty Street Chambers, 22nd October 2019

Source: www.doughtystreet.co.uk

Vos: Woolf reforms were “inadequately revolutionary” – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, dispute resolution, evidence, expert witnesses, news by tracey

‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’

Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

CJC group fails to agree fixed costs for clin neg cases – Litigation Futures

Posted October 21st, 2019 in barristers, costs, expert witnesses, fees, medical records, medical treatment, negligence, news, professional conduct by sally

‘The working group charged with agreeing fixed recoverable costs (FRCs) for clinical negligence claims worth up to £25,000 has been unable to do so, although it has made progress on process changes.’

Litigation Futures, 16th October 2019

Source: www.litigationfutures.com

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

Posted October 16th, 2019 in admissibility, data protection, evidence, expert witnesses, insurance, news, personal injuries by sally

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

Mark Duggan shooting: family settle high court claim against Met – The Guardian

Posted October 11th, 2019 in bereavement, compensation, damages, expert witnesses, families, firearms, inquests, news, police, professional conduct, unlawful killing by tracey

‘The family of Mark Duggan, whose killing sparked civil unrest across England in 2011, have settled a high court claim against the Metropolitan police.’

The Guardian, 10th October 2019

Source: www.theguardian.com

Neuberger: expert witnesses can learn from Supreme Court – Litigation Futures

Posted October 2nd, 2019 in expert witnesses, judiciary, news, Supreme Court by sally

‘Lord Neuberger, former president of the Supreme Court, has told expert witnesses that they can learn from the “impartial” way the court handled the Brexit case.’

Litigation Futures, 2nd October 2019

Source: www.litigationfutures.com

Naomi McLoughlin discusses the case of Re F (A Child) (Fact-Finding Appeal) (2019) – Park Square Barristers

Posted August 29th, 2019 in care orders, child abuse, doctors, expert witnesses, family courts, news by sally

‘The Court of Appeal declines to give guidance on whether a treating clinician who was also an expert would, in some cases, be able to give expert evidence without meeting the requirements of Part 25. It did recommend input by the President’s working group on the issue.’

Park Square Barristers, 27th August 2019

Source: www.parksquarebarristers.co.uk

Expert “failed to provide objective opinion”, says High Court – Litigation Futures

Posted August 27th, 2019 in accountants, bias, evidence, expert witnesses, news by sally

‘An expert witness who said in oral evidence that he saw his role as presenting his side’s case “in the most favourable light” has been criticised by the High Court.’

Litigation Futures, 27th August 2019

Source: www.litigationfutures.com

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in costs, expert witnesses, negligence, news, personal injuries, time limits by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com

Judge condemns “embarrassing” expert who used expletive – Litigation Futures

Posted August 20th, 2019 in evidence, expert witnesses, hospitals, news, personal injuries by sally

‘A High Court judge has taken to task an “embarrassing” medical expert who made “continual apologies” and used “an expletive” during his evidence.’

Litigation Futures, 20th August 2019

Source: www.litigationfutures.com

Court upholds ‘older died first’ principle in inheritance dispute – Law Society’s Gazette

Posted August 15th, 2019 in bereavement, expert witnesses, families, housing, news, wills by tracey

‘An inheritance dispute between two stepsisters hingeing on which of their parents died first has been resolved by the High Court, which ruled that the younger parent legally outlived the older.’

Law Society's Gazette, 14th August 2019

Source: www.lawgazette.co.uk

Expert Evidence on Share Valuations: When to use hot tubbing in unfair prejudice petitions – 4 New Square

Posted August 1st, 2019 in accountants, civil procedure rules, company law, expert witnesses, news, practice directions, shareholders, unfairly prejudicial conduct by sally

‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’

4 New Square, 22nd July 2019

Source: www.4newsquare.com

Costs Orders and Experts – Family Law Week

Posted July 16th, 2019 in case management, children, civil procedure rules, costs, domestic violence, expert witnesses, families, news by tracey

‘Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.’

Family Law Week, 11th July 2019

Source: www.familylawweek.co.uk

What does “expert in the field of X” mean? – Practical Law: Construction Blog

Posted June 7th, 2019 in construction industry, dispute resolution, expert witnesses, news, surveyors by tracey

‘Picture this scenario. The parties’ contract provides that when there is a dispute, an adjudicator is to be appointed from a panel of three, which the parties have already agreed on. In the alternative, if the parties cannot agree the identity of the three panel adjudicators, they will be nominated by the President of the Chartered Institute of Arbitrators (CIArb) as the adjudicator nominating body (ANB). In the event, the parties fail to agree on who the three should be, and then one of them is unhappy with who the CIArb selects. This scenario played out before Jefford J earlier this year. It was, in effect, a dispute about a dispute, but led to some interesting comments from the judge about adjudicator nomination.’

Practical Law: Construction Blog, 4th June 2019

Source: constructionblog.practicallaw.com

Medical watchdog GMC needs to regain trust of doctors, finds review – The Guardian

Posted June 6th, 2019 in appeals, disciplinary procedures, doctors, employment tribunals, expert witnesses, mental health, negligence, news, ombudsmen, professional conduct, quality assurance, race discrimination, standards by tracey

‘The General Medical Council must fundamentally reform to regain the trust of the doctors it regulates and end their “toxic fear” of reprisals if they make mistakes, says a hard-hitting report.’

The Guardian, 6th June 2019

Source: www.theguardian.com

Two experts added to Grenfell inquiry to broaden oversight – The Guardian

Posted May 30th, 2019 in expert witnesses, fire, health & safety, inquiries, news by tracey

‘Grenfell survivors have welcomed the UK prime minister’s decision to appoint two more people to oversee the public inquiry into the disaster that claimed 72 lives, after raising concerns their interests risked being overlooked.’

The Guardian, 30th May 2019

Source: www.theguardian.com

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