Tag Archives: Expert report

REVISITING WHITEHOUSE -v- JORDAN 2: ON THE LAWYERS DRAFTING THE EXPERTS’ REPORTS

The first post in this series on the judgments in Whitehouse -v- Jordan in the Court of Appeal and House of Lords  looked at the point that, at the appeal stage, the courts were only concerned with whether they could overturn findings of fact.  These were not appeals about the law of clinical negligence. These […]

THE ARROYO JUDGMENT 2: EXPERTS, OH EXPERTS.

This is the second in the series of posts on the  judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC. The first looked at the issues that arose from unchecked schedules of damages. Here we look at the expert evidence.  The judge was clear in his criticisms of the experts called […]

THE INTERCHANGE BETWEEN LAWYERS & EXPERTS: A DIFFICULT ISSUE

In a week where there is a report of an application being made for a doctor to be committed for contempt* it is prudent to consider that difficult issue of the relationship between the lawyers in a case and the experts. The difficulties are considered in the judgment of Mr Justice Garnham in Cox -v- […]

EXPERT REPORTS IN THE ADMINISTRATIVE COURT: PART 35 APPLIES

In the judgment today in Khaled -v- Secretary of State for the Home Department [2016] EWHC 857 (Admin) Mr Justice Garnham considered Part 35 of the CPR and the admissibility of expert reports in proceedings in the Administrative Court. “The nature of JR challenges, and the need for them to be considered expeditiously, makes all […]

IS THIS AN EXPERT REPORT I SEE BEFORE ME? I THINK NOT

In Al Nehayan -v- Kent [2016] EWHC 623 (QB) Mrs Justice Nicola Davies made observations upon “expert” evidence that had been placed before the court.  There were major failures of form as well as of substance.  The judgment contains an important reminder that expert reports must comply with the requirements of PD 35. “Within no […]

EXPERTS AND FACTS: IT IS ALL IN THE RULES

Following the post yesterday about proving things and the role of experts there was an interesting comment from Elfed Williams. WHAT DOES AN EXPERT DO ABOUT FACTS? “I have some misgivings about whether an expert should identify primary facts and opine on the basis of those facts. An expert is often presented with the need […]

THAT DIFFICULT DISTINCTION BETWEEN AN EXPERT WITNESS AND AN ADVOCATE

In AAW -v- The Secretary of State for the Home Department [2015] UKUT 673 (IAT) Upper Tribunal Judge Southern made some telling observations on the role of an expert. The judgment is of general interest in relation to the role of an expert. In particular the risk of an expert being perceived as taking up the […]