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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

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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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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