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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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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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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

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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

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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

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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

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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