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Independent expert witnesses

What does independence mean? Expert witnesses are required to be independent and impartial. The Civil Procedure Rules (CPR) say, “Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation” and “Experts should assist the court by providing objective, unbiased opinions on matters within their expertise, and should not assume […]

7 classic principles for expert witnesses

In a 1993 shipping case known as The Ikarian Reefer[i], Mr Justice Cresswell set out what is regarded as the classic statement of the duties and responsibilities of expert witnesses. These principles have been endorsed by the Courts in other cases and are largely reflected in the Civil Procedure Rules 1998. These are the principles. […]

Negligent advice and a wrongful birth: a GP’s liability

Khan v MNX[1] A decision of the Court of Appeal of Khan v MNX considered the right approach in wrongful birth cases. It also throws light on the scope of a doctor’s duty to a patient. The facts A GP gave negligent advice to a patient. He told her that, according to blood tests, she […]