‘Claimants and their lawyers could not just blame their expert for the “most unsatisfactory” state of his evidence, the Commercial Court has said in refusing to allow them to bring an important part of a huge commercial claim. Mr Justice Males said parties and their lawyers had to step in when they were aware of a problem.’
Litigation Futures, 24th January 2019
Source: www.litigationfutures.com
‘“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.’
No. 5 Chambers, 10th December 2018
Source: www.no5.com
‘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.’
Courts and Tribunals Judiciary, 9th November 2018
Source: www.judiciary.gov.uk
‘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.’
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, 8th October 2018
source: www.judiciary.uk
‘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.’
Legal Futures, 25th September 2018
Source: www.legalfutures.co.uk
‘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.’
Litigation Futures, 16th August 2018
Source: www.litigationfutures.com
‘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.’
Nearly Legal, 13th August 2018
Source: nearlylegal.co.uk
‘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.’
Litigation Futures, 8th August 2018
Source: www.litigationfutures.com
‘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.’
Courts and Tribunals Judiciary, 7th August 2018
Source: www.judiciary.uk
‘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.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
‘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.’
Family Law, 28th June 2018
Source: www.familylaw.co.uk
‘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.’
The Guardian, 18th June 2018
Source: www.theguardian.com
‘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.’
Practical Law: Construction Blog, 5th June 2015
‘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.’
Family Law Week, 15th April 2018
Source: www.familylawweek.co.uk
‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’
Zenith Chambers, 6th March 2018
Source: www.zenithchambers.co.uk
‘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.’
UK Human Rights Blog, 18th March 2018
Source: ukhumanrightsblog.com
‘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.’
Zenith PI, 6th March 2018
Source: zenithpi.wordpress.com
‘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.’
Counsel, February 2018
Source: www.counselmagazine.co.uk
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