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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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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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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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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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The latest on Bolam is Dead

Bolam is dead. Long live Bolam! ~ by Simon Fox QC Dr Simon Fox QC is a medically qualified barrister based at Serjeants’ Inn, London. He is a specialist clinical negligence silk, assistant coroner and certified mediator. He can be contacted at sfoxqc@serjeantsinn.comand on twitter @clinnegsilk. In this article he reviews the Bolam test for…Read Article

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Bolam is dead. Long live Bolam!

Bolam is dead. Long live Bolam! ~ by Simon Fox QC As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence. The most obvious to me,…Read Article