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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

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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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Credible medical expert witnesses: the role, knowledge and legal obligations

Credible medical expert witnesses: the role, knowledge and legal obligations ~ by Paul Sankey, Enable Law Providing expert evidence in any legal proceeding is a professional privilege. Doctors can play an important role as expert witnesses in helping courts, tribunals or other dispute resolution processes make informed, fair decisions on cases involving clinical issues. A…Read Article