Part 35 questions to experts – lessons from a recent case

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 […]

Recording consultations with medical experts. Is the evidence admissible?

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 […]