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Wikipedia doesn’t make you an expert!

Wikipedia doesn’t make you an expert! ~ by Paul Sankey, Enable Law A reminder to give your sources and stick to your expert field Experts are required to make clear what facts are within their own knowledge, list their sources and say when a question or issue falls outside their expertise. In a recent case…Read Article

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Change in the rules for Expert Witnesses

Update to CPR guidance for expert witnesses ~ by Paul Sankey, Enable Law Statements of Truth: A Change in the Rules Experts are required to verify their reports with a statement of truth. That duty is set out at CPR Practice Direction 35 paragraph 3.3. From 1st October 2020 the rule is changing. The expert’s…Read Article

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Can an Expert be an Advocate?

Can an Expert be an Advocate? ~ by Paul Sankey, Enable Law A recent case The issue usually arises where an expert uses language appears to be advocating one party’s case rather than giving independent evidence to assist the court. However, in a recent tax case[1] the advocate sought to rely on his own expert…Read Article

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Expert Evidence, Logic and Breach of Duty Bradfield-Kay v Cope

Expert Evidence, Logic and Breach of Duty Bradfield-Kay v Cope   ~ by Paul Sankey, Enable Law The recent case of Bradfield-Kay v Cope[1] is interesting  for 2 reasons. First, in a re-run of David and Goliath (without the sling) the court preferred the evidence of the less specialist of 2 medical experts on the…Read Article

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

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:…Read Article

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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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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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Why Do People Bring Clinical Negligence Claims?

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…Read Article