‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
‘We are all sadly familiar with the last-minute application for an adjournment backed
by a doctor’s note, on the grounds that the defendant, claimant or important witness
is unfit to attend Court. Almost inevitably, the note in question is unsatisfactory or
insufficient. It frequently takes the jejune form of “Mrs X is suffering from an anxiety
state and is unfit to attend Court”, and that is all.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
‘Cuts to legal aid have thrown family proceedings into chaos, say Kim Beatson, Caroline Bowden & Ellen Lucas.’
New Law Journal, 10th February 2014
Source: www.newlawjournal.co.uk
‘The new independent medical panels to assess whiplash injuries are on course for implementation this year after the Ministry of Justice (MoJ) began putting together a working group to take them forward.’
Litigation Futures, 16th January 2014
Source: www.litigationfutures.com
‘John Sweeney investigates the secretive world of the family courts and asks whether some parents may have unfairly lost their children forever. BBC One 13th January 2014’
BBC One, 13th January 2014
Source: www.bbc.co.uk
Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515; [2013] WLR (D) 453
‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’
WLR Daily, 25th November 2013
Source: www.iclr.co.uk
“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”
Litigation Futures, 6th November 2013
Source: www.litigationfutures.com
“John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.”
Family Law Week, 25th October 2013
Source: www.familylawweek.co.uk
“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”
Litigation Futures, 25th September 2013
Source: www.litigationfutures.com
“David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.”
Family Law Week, 29th August 2013
Source: www.familylawweek.co.uk
“The Court of Appeal has taken the highly unusual step of ruling that a judge should have recused himself from hearing a wasted costs order against a party’s solicitors given the comments he made about them in his substantive judgment.”
Litigation Futures, 27th August 2013
Source: www.litigationfutures.com
“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”
WLR Daily, 14th August 2013
Source: www.iclr.co.uk
“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”
Full story (PDF)
4 New Square Chambers, 17th July 2013
Source: www.4newsquare.com
“Evidence in a trade mark and passing off case of the factual circumstances of a trade by a person in that trade, even when they deployed their experience in that trade to bolster their evidence, was not necessarily expert evidence within the meaning of CPR Pt 35.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”
Family Law Week, 24th July 2013
Source: www.familylawweek.co.uk
“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”
The Guardian, 2nd July 2013
Source: www.guardian.co.uk
“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”
Family Law Week, 23rd June 2013
Source: www.familylawweek.co.uk
“Dominic Regan is in the mood for change post-Jackson.”
New Law Journal, 30th May 2013
Source: www.newlawjournal.co.uk
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