Posted on

Independent Expert Witnesses

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…Read Article

Posted on

7 Classic Principles for Expert Witnesses

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…Read Article

Posted on

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

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…Read Article

Posted on

Experts’ Agendas – a Warning from the Bench

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…Read Article

Posted on

First Annual Medico-Legal Expert Witness Conference

“A top notch conference with plenty of opportunity to engage with the speakers.” Our first Annual Expert Witness Conference!  Over 55 leading Consultants, GPs and medical experts came together to take part in what was described as, “a very interactive day of medicolegal discussion and debate.” Dr Simon Fox QC addressed the conference on the…Read Article

Posted on

An Expert’s Evidence ‘Fundamentally Flawed’

An Expert’s Evidence ‘Fundamentally Flawed’ ~ by Paul Sankey, Enable Law In a recent case at Winchester County Court, the judge found that an expert’s evidence was fundamentally flawed to the point where he rejected it on every contentious point. The case of Ruffell v Lovatt[1] contains lessons for medical experts. The Claim Mrs Ruffell…Read Article

Posted on

Credible medical expert witnesses: the role, knowledge and legal obligations

Credible medical expert witnesses: the role, knowledge and legal obligations ~ by Paul Sankey, Enable Law Providing expert evidence in any legal proceeding is a professional privilege. Doctors can play an important role as expert witnesses in helping courts, tribunals or other dispute resolution processes make informed, fair decisions on cases involving clinical issues. A…Read Article