expert witnesses – Page 10 – Current Awareness

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

Posted January 29th, 2020 in bereavement, cancer, case management, damages, delay, expert witnesses, families, industrial injuries, news, notification, solicitors, trials by sally

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

SRA presses ahead with plan to cut compensation awards – Legal Futures

Posted January 22nd, 2020 in barristers, compensation, expert witnesses, indemnities, insurance, limitations, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer

Posted December 17th, 2019 in evidence, expert witnesses, homelessness, housing, judicial review, local government, mental health, news by sally

‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’

Local Government Lawyer, 16th December 2019

Source: www.localgovernmentlawyer.co.uk

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts – Local Government Lawyer

Posted December 6th, 2019 in contract of employment, doctors, expert witnesses, family courts, news by sally

‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’

Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

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 sally

‘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 sally

‘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 sally

‘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

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