‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’
Litigation Futures, 28th November 2017
Source: www.litigationfutures.com
‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’
Park Square Barristers, 22nd November 2017
Source: www.parksquarebarristers.co.uk
‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’
Garden Court Chambers, 10th November 2017
Source: www.gardencourtchambers.co.uk
‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’
Local Government Lawyer, 21st November 2017
Source: www.localgovernmentlawyer.co.uk
‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’
Litigation Futures, 19th October 2017
Source: www.litigationfutures.com
‘Middle Temple Guest Lecture Expert Evidence: use, abuse and boundaries, Lord Hodge, Justice of The Supreme Court 9 October 2017.’
Supreme Court, 12th October 2017
Source: www.supremecourt.uk
‘Emily James and Kate Tompkins, barristers of 36 Family, consider a new judgment in which Sir Peter Jackson affirmed, and offered guidance on, current testing arrangements.’
Family Law Week, 12th October 2017
Source: www.familylawweek.co.uk
‘For those of who have a weekly blog to populate with content, the court’s summer recess can prove to be a challenging time. It leads us to cast our net further afield looking for ideas and cases to highlight. That is why, this week, I’m looking at two cases from August, one a personal injury claim from the County Court in Leeds, the other an intellectual property dispute from the Chancery Division. What both have in common are some choice words about the parties’ expert evidence. I know Jonathan has looked at this topic twice in recent months but, as I said, we’ve had the summer recess and these comments are just too bloggable to be ignored!’
Practical Law: Construction Blog, 10th October 2017
‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’
Nearly Legal, 3rd October 2017
Source: nearlylegal.co.uk
‘Senior judges have called on expert witnesses to show greater openness and avoid “hiding behind the team view”.’
Litigation Futures, 25th September 2017
Source: www.litigationfutures.com
‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’
Zenith PI, 10th September 2017
Source: zenithpi.wordpress.com
‘A family judge has told the Legal Aid Agency not to issue a letter ‘almost akin to a tick-box form’ should it refuse to pay an expert’s fee in a case involving a three-month old boy at the centre of care proceedings.’
Law Society's Gazette, 24th August 2017
Source: www.lawgazette.co.uk
‘A costs judge has rejected a defendant’s attempt to deprive a clinical negligence claimant of their £10,000 insurance premium.’
Law Society's Gazette, 24th August 2017
Source: www.lawgazette.co.uk
‘The Legal Aid Agency has been told to directly apologise and pay £10,000 to an expert witness in immigration cases for causing him distress, inconvenience and financial loss by excessively auditing his bills.’
Law Society's Gazette, 17th July 2017
Source: www.lawgazette.co.uk
‘The Civil Procedure Rule Committee (CPRC) agreed minor variations that judges can adopt in orders for concurrent expert evidence – known as “hot-tubbing” – but acknowledged the changes it has approved to the CPR are “not as radical” as had been recommended by the Civil Justice Council (CJC).’
Litigation Futures, 14th July 2017
Source: www.litigationfutures.com
‘Concurrent expert evidence – known as hot-tubbing – should only be carried out in the “classic” manner where experts are sworn and give evidence at the same time, the Civil Procedure Rule Committee (CPRC) has decided.’
Litigation Futures, 27th June 2017
Source: www.litigationfutures.com
‘Seven expert witnesses who fabricated evidence about the cost of replacement hire cars for motorists in road crashes have been jailed.’
The Guardian, 16th June 2017
Source: www.theguardian.com
‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’
Full story (PDF)
Henderson Chambers, 19th April 2017
Source: www.hendersonchambers.co.uk
‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’
Litigation Futures, 11th May 2017
Source: www.litigationfutures.com
‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’
Litigation Futures, 9th May 2017
Source: www.litigationfutures.com
© Inner Temple Library 2024