‘A leading judge has told expert witnesses they will not be replaced by AI, despite the courts enthusiastically embracing the technology.’
Law Society's Gazette, 20th May 2024
Source: www.lawgazette.co.uk
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
‘A circuit judge has attacked the “little micro-industry of unknown and unknowable commissions or referral or arrangement fees” in personal injury claims.’
Legal Futures, 18th April 2024
Source: www.legalfutures.co.uk
‘The High Court has removed a sole arbitrator it found had pre-judged the merits of a dispute because he said he knew and would believe the expert witnesses one side had put forward.’
Legal Futures, 27th February 2024
Source: www.legalfutures.co.uk
‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’
Mental Capacity Law and Policy, 11th February 2024
‘As the dust settles on another year, it is (just about still) time to look back over the year gone to review some of the most dramatic, legally interesting or impactful cases of the year gone by. As ever, this is only a selection of the top cases of the year, but as a whole they reveal yet another year in which the courts have been drawn into the centre of the most important social and political debates of the society in which they find themselves.’
UK Human Rights Blog, 29th January 2024
Source: ukhumanrightsblog.com
‘A failure to seek permission under the Civil Procedure Rules (CPR) does not automatically mean lawyers then need to apply for relief from sanctions, the Court of Appeal has ruled.’
Legal Futures, 29th January 2024
Source: www.legalfutures.co.uk
‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’
UKSC Blog, 26th January 2024
Source: ukscblog.com
‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’
UK Human Rights Blog, 3rd January 2024
Source: ukhumanrightsblog.com
‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’
St John's Chambers, 29th November 2023
Source: www.stjohnschambers.co.uk
‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’
Ropewalk Chambers, 30th November 2023
Source: ropewalk.co.uk
‘A family court judge has accepted the recommendation of an unregulated expert and ruled that a child should be removed from her mother’s care after finding the mother made an “entirely false allegation” about the child’s father.’
The Guardian, 16th December 2023
Source: www.theguardian.com
‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’
OUT-LAW.com, 6th December 2023
Source: www.pinsentmasons.com
‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’
Gatehouse Chambers, 15th September 2023
Source: gatehouselaw.co.uk
‘In this article Cressida Mawdesley-Thomas considers the judgment of HHJ Lickley KC in Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB). Ness was a successful fatal mesothelioma claim.’
Asbestos Law, 5th September 2023
Source: asbestoslawblog.uk
‘Expert witnesses have made a last-minute call to scrap the rule in the new intermediate track for civil claims that limits their reports to 20 pages.’
Legal Futures, 29th September 2023
Source: www.legalfutures.co.uk
‘Kristine Lidgerwood provides a self-check for a situation which many practitioners will be familiar with and which applies equally to public law and private law proceedings. The unadmitted allegation.’
Local Government Lawyer, 28th September 2023
Source: www.localgovernmentlawyer.co.uk
‘The rules on expert witnesses in the courts of England and Wales are governed by Part 35 of the Civil Procedure Rules. One of the fundamental principles when it comes to expert evidence is that of independence.’
Mills & Reeve, 19th September 2023
Source: www.mills-reeve.com
‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’
Local Government Lawyer, 1st August 2023
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024