• Expert’s duties: independence and impartiality again (Or when Piri Piri burns your fingers…)

    Wednesday, November 27th, 2019 posted in Expert Witness, Litigation, Opinion, Paul Sankey

    Expert’s duties: independence and impartiality again Or when Piri Piri burns your fingers… ~ by Paul Sankey, Enable Law In a recent case concerning the wonderfully named Pepe’s Piri Piri Ltd[1] an expert got his fingers burned. He was criticised by the judge for failing to understand his duties and comply with them. Experts’ duties: […]

  • GPs in Expert Witness Practice – is it for you?

    Wednesday, November 27th, 2019 posted in Expert Witness, Opinion, Sarah Sellars

    GP Expert Witness…What’s involved? “Medico-legal work fits very well within a portfolio career. It adds diversity to your work and improves your clinical practice as you gain a much deeper knowledge of subject matters.” Dr Adrian Rees The expert opinion of experienced GPs is sought after in clinical negligence investigations.  It’s an intellectually stimulating career […]

  • A guide to Part 35 questions for experts

    Tuesday, November 19th, 2019 posted in Expert Witness, Julian Chamberlayne, Litigation

    A guide to Part 35 questions for experts ~ by Julian Chamberlayne (Partner, Head of International Injury) & Peter Hale (Senior Paralegal) Stewarts Part 35 questions are commonly used and occasionally abused by legal representatives to try to shape the evidence of experts instructed by an opposing party. Drawing on recent experience from their case-load […]

  • Part 35 Questions to Experts – Lessons from a recent case

    Friday, October 25th, 2019 posted in Expert Witness, Litigation, Paul Sankey

    Part 35 Questions to Experts Lessons from a recent case ~ by Paul Sankey, Enable Law 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 […]

  • Recording consultations with medical experts. Is the evidence admissible?

    Friday, October 25th, 2019 posted in Expert Witness, Litigation, Opinion, Paul Sankey

    Recording consultations with medical experts. Is the evidence admissible? ~ by Paul Sankey, Enable Law A recent case raised the issue of whether covert recordings of consultations with medical experts should be allowed as evidence. This was evidence obtained improperly or unfairly but nevertheless of probative value. The Claim In January 2014 the claimant was […]

  • Swearing on Oath

    Thursday, September 12th, 2019 posted in Expert Witness, Litigation, Nigel Poole QC, Opinion

    Swearing on Oath ~ by Nigel Poole, QC 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 […]

  • Ten Point Checklist for Finalising Expert Reports for Exchange

    Thursday, September 5th, 2019 posted in Expert Witness, Legal tests, Litigation, Simon Fox

    Ten Point Checklist for Finalising Expert Reports for Exchange ~ by Simon Fox QC 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 […]

  • The latest on Bolam is Dead

    Wednesday, July 10th, 2019 posted in Inspire News, Legal tests, Simon Fox

    Bolam is dead. Long live Bolam! ~ by Simon Fox QC Dr Simon Fox QC is a medically qualified barrister based at Serjeants’ Inn, London. He is a specialist clinical negligence silk, assistant coroner and certified mediator. He can be contacted at sfoxqc@serjeantsinn.comand on twitter @clinnegsilk. In this article he reviews the Bolam test for […]

  • Opening Imaging CDs – Clinco

    Thursday, June 13th, 2019 posted in Clinco, Expert Witness, Litigation

    Opening Imaging CDs – Clinco ~ by Sarah Wallace 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 of storing large complex graphic […]

  • Expert Witness – Lessons from Recent Cases

    Thursday, May 9th, 2019 posted in Authors, Expert Witness, Opinion, Paul Sankey

    Expert Witness and the Courts: Lessons from Recent Cases ~ by Paul Sankey, Enable Law There are lessons for expert witnesses in a number of recent court decisions. 1. Failing to comply with directions In Mayr and Others v CMS Cameron McKenna Nabarro Olswang LLP [2018] EWHC 3669 (Comm) an expert was debarred from giving […]