• 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 […]

  • Thinking back and looking forward!

    Wednesday, May 8th, 2019 posted in Events, Inspire News, Sarah Sellars

    Thinking back and looking forward! April was a landmark month for us at Inspire MediLaw – we celebrated our 2nd 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.  We’ve had over 600 medico-legal professionals […]

  • Medical Records Collation – Clinco

    Wednesday, March 27th, 2019 posted in Clinco, Litigation

    Medical Records Collation – Clinco ~ by Sarah Wallace Any specialist fee earner working in clinical negligence will want to be very careful about where the medical records are sent for collation.  Often the collator is the first person to review the records in detail.  It’s essential that the records are put in the correct […]

  • Shaw v Stead – A Case of Missed Cauda Equina Syndrome

    Wednesday, March 27th, 2019 posted in Litigation, Opinion, Paul Sankey

    Shaw v Stead – A Case of Missed Cauda Equina Syndrome ~ by Paul Sankey, Enable Law 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 1st March 2019. It seems that the condition being […]

  • The Quality of Expert Evidence

    Tuesday, March 19th, 2019 posted in Expert Witness, Nigel Poole QC, Opinion

    The Quality of Expert Evidence ~ by Nigel Poole QC The Bolam test for clinical negligence is that a healthcare professional is negligent only if they failed to act in accordance with a responsible body of relevant professional opinion. But it is never sufficient for a defendant to defend a claim simply by calling an […]

  • Why Do People Bring Clinical Negligence Claims?

    Thursday, February 7th, 2019 posted in Litigation, Opinion, Paul Sankey

    Why Do People Bring Clinical Negligence Claims? ~ by Paul Sankey, Enable Law Contrary to popular belief, the number of people who bring clinical negligence claims is relatively small. Whilst no figures are available for the number of medical mistakes each year they are thought to be very high. An estimate in 2000 put the […]

  • Independent Expert Witnesses

    Wednesday, January 23rd, 2019 posted in Expert Witness, Opinion, Paul Sankey

    Independent Expert Witnesses: What Does Independence Mean? ~ by Paul Sankey, Enable Law Expert witnesses are required to be independent and impartial. The Civil Procedure Rules 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 […]

  • 7 Classic Principles for Expert Witnesses

    Wednesday, January 23rd, 2019 posted in Expert Witness, Opinion, Paul Sankey

    7 Classic Principles for Expert Witnesses ~ by Paul Sankey, Enable Law In a 1993 shipping case known as The Ikarian Reefer[i] Mr Justice Cresswell set out what are regarded as the classic statement of the duties and responsibilities of expert witnesses. These are principles which have been endorsed by the courts in other cases […]

  • Negligent Advice and a Wrongful Birth: a GP’s Liability

    Wednesday, January 9th, 2019 posted in Expert Witness, Inspire News, Paul Sankey

    Negligent Advice and a Wrongful Birth: a GP’s Liability ~ by Paul Sankey, Enable Law 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 […]

  • Experts’ Agendas – a Warning from the Bench

    Friday, December 21st, 2018 posted in Expert Witness, Simon Fox

    Experts’ Agendas – a Warning from the Bench ~ by Simon Fox QC “It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and […]