In a recent case concerning the wonderfully named Pepe’s Piri Piri Ltd[1], an expert got his fingers burned. The judge criticised him for failing to understand his duties and comply with them. An expert witness’s duties: what the rules say The rules are clear. An expert’s duty is to the Court. The duty of experts […]
If you don’t have good experts, you have a poor level of justice. His Honour Judge Charles Harris QC The expert opinions of experienced GPs are highly sought after in clinical negligence litigation. In fact, medical expert witnesses are central to the administration of justice. And for the GP, expert witness cases offer stimulating, well-paid […]
Part 35 questions are commonly used and occasionally abused by legal representatives to try to shape the evidence of expert witnesses instructed by an opposing party. Julian Chamberlayne, Head of the Aviation and International Injury department at Stewarts Law, and Peter Hale, paralegal in the International Injury team, examine this tactic and the current guidance […]
The Civil Procedure Rules 1998 (‘CPR’) entitle one party to put questions to another party’s expert. This provision is not used as often as one might expect. A recent application in Mustard v Flower and others[1] throws some light on its correct use. It is also an example of expert witnesses taking the very unusual step of […]
A recent case raised the issue of whether covert recordings of consultations with medical expert witnesses should be allowed as evidence. This was evidence obtained improperly or unfairly but nevertheless of probative value. The clinical negligence claim In January 2014, the claimant was injured in a road traffic accident when her stationary vehicle was struck […]
In the latest of a number of High Court judgments in which judges have strongly criticised an expert witness in the case, Mr Justice Martin Spencer has taken a consultant neurosurgeon to task in Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB). At paragraphs 71 to 74, the judge said: “I regret […]
The recent case of Arksey v Cambridge University Hospitals 2019 EWHC 1276 QB is a useful reminder of the pitfalls of finalising expert reports for disclosure. The judge criticised the claimant’s expert neurosurgeon, Mr Sandeman, in a number of respects. Most of these points stemmed from his disclosed report predating the pleadings and, therefore, not taking account […]
Bolam is dead. Long live Bolam! Since I transferred from medicine to law 25 years ago, I have always thought that the Bolam test cannot logically apply to many scenarios of alleged clinical negligence. The scenario which has always struck me is the iatrogenic surgical bowel injury. A surgeon inadvertently and unknowingly perforates […]
Opening imaging discs is a constant bugbear for those involved in clinical negligence cases. At the recent Inspire MediLaw summer conference, experts and clinical negligence solicitors alike expressed their frustration about this very issue. CDs are not a very suitable method for storing large, complex graphic files, such as X-rays and other imaging studies. Elsewhere, […]
There are lessons for expert witnesses in several recent Court decisions – which I will take you through in this blog. 1. Failing to comply with directions In Mayr and Others v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm), an expert witness was debarred from giving evidence for the claimants after failing to engage […]
April was a landmark month for us at Inspire MediLaw as we celebrated our second anniversary! It’s a great time to consider all that’s been achieved in the year just gone. We’ve become firmly established as a provider of outstanding training in this sector. More than 600 medico-legal professionals have attended our conferences and events during […]
A GP was found to have negligently failed to spot ‘red flags’ of cauda equina syndrome in the recent case of Shaw v Stead[1], where judgment was given on 1 March 2019. It seems that the condition being missed in primary care or emergency departments is one of those mistakes that repeatedly result in claims. Cauda […]