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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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Pitfalls in Clinical Negligence Claims: A Case Study

Pitfalls in Clinical Negligence Claims: A Case Study ~ by Thomas Crockett, Hailsham Chambers On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence…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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Pagination of medical records – updates made easy…

Pagination of medical records – Clinco ~ by Sarah Wallace We’ve been hard at work in the Clinco offices, processing cases and moving matters forward for our client firms.  We’ve been seeing a number of very complex high value cases which have made full use of our expertise.  These cases are likely to run for…Read Article

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Conversations on Consent ~ with Lauren Sutherland QC

Conversations on Consent 2020 Manchester – Exeter – Edinburgh – London – Belfast – Dublin – Oxford “People seem to still be grappling with some aspects of the legal test set down and the applicability of the Bolam test in the post Montgomery world” ~Lauren Sutherland QC Following the landmark Supreme Court decision in the case…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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A guide to Part 35 questions for experts

A guide to Part 35 questions for experts ~ by Julian Chamberlayne (Partner, Head of International Injury) & Peter Hale (Senior Paralegal) Stewarts Part 35 questions are commonly used and occasionally abused by legal representatives to try to shape the evidence of experts instructed by an opposing party. Drawing on recent experience from their case-load…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