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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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Establishing a Successful Medicolegal Practice

Establishing a Successful Medicolegal Practice – by Mr Colin Holburn, Consultant & Expert Witness As a clinician, you have likely acquired many of the tangential but necessary skills that ensure your professional success. The good news is, you can build on that foundation as you are working to establish a thriving and successful medico-legal practice….Read Article

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Conversations on Consent Online

Conversations on Consent Webinar with Panel Discussion 15 June 2020 We are thrilled to welcome Lauren Sutherland QC and Nadine Montgomery to host this webinar to start our Conversations on Consent.  Both are passionate about encouraging doctors, healthcare professionals and lawyers to understand informed consent. After an introduction to the case and their journey to…Read Article

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Courtroom Training for Medicolegal Experts

Giving evidence in court. Sounds daunting doesn’t it? by Chris Hatcher, Recruitment Business Development Executive, Jacqueline Webb We are a firm believer in doing things to the best of our ability: and to do this we have to accept that we never stop learning. Isn’t it great to learn new things and better yourself in…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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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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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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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