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Part 35 Questions to Experts – Lessons from a recent case

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…Read Article

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Recording consultations with medical experts. Is the evidence admissible?

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…Read Article

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Swearing on Oath

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…Read Article

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Ten Point Checklist for Finalising Expert Reports for Exchange

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…Read Article

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The latest on Bolam is Dead

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…Read Article

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Opening Imaging CDs – Clinco

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…Read Article

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Expert Witness – Lessons from Recent Cases

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…Read Article

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Thinking back and looking forward!

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…Read Article

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Medical Records Collation – Clinco

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…Read Article