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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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Results of our 2019 Surveys for Experts and Lawyers

What lawyers wish their experts knew…and what frustrates experts about lawyers! As we launch our 2020 surveys for medico-legal experts and lawyers, here’s a reminder of what we learned from the 2019 surveys.  You can complete the 2020 surveys online now. Lawyers working with Experts We asked how lawyers identify an expert to instruct Most said…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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When is an expert not an expert?

When is an expert not an expert? ~ Fiona Horlick QC, Outer Temple Chambers Fiona Horlick QC succeeds in demonstrating that an expert called by the GMC in proceedings against a consultant surgeon did not have the expertise to give a suitably qualified opinion. As a result there was no case for Fiona’s client to…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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GPs in Expert Witness Practice – is it for you?

GP Expert Witness…What’s involved? “Medico-legal work fits very well within a portfolio career. It adds diversity to your work and improves your clinical practice as you gain a much deeper knowledge of subject matters.” Dr Adrian Rees The expert opinion of experienced GPs is sought after in clinical negligence investigations.  It’s an intellectually stimulating career…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