Experts

Silk takes over as new chairman of Expert Witness Institute

Martin Spencer QC 2

The Expert Witness Institute has appointed leading clinical negligence specialist Martin Spencer QC as its new chair of governors. He replaces the Sir Anthony Hooper, who completed his four-year tenure at the institute’s AGM last month.

June 13th, 2017

Judges “need neutral assistance” in commercial cases, says Lord Chief Justice

Lord Thomas_crop

The legal profession’s objections to judges having access to neutral assistance from a third party when facing specialist commercial or scientific matters in court need to be overcome, the Lord Chief Justice has said. He also revealed that the judiciary was “revisiting the rather neglected use of judges as arbitrators”.

May 19th, 2017

Hot-tubbing of experts should not be “forced on unwilling parties”

Courthouse

The giving of concurrent evidence by expert witnesses or ‘hot-tubbing’ should not be “forced on unwilling parties,” a sub-committee of the Civil Procedure Rule Committee has advised. The rule committee agreed with this and has asked it to draft rule changes that would nonetheless promote the practice.

May 18th, 2017

Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns

surgeons

Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council has warned. The CJC said it was particularly concerned that the new regime for experts “may indeed prove to be a barrier to access to justice”.

May 11th, 2017

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs

coins

An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis. Ageas Insurance appealed against the ruling at Liverpool County Court, but the appeal was rejected by the High Court.

May 9th, 2017

Court of Appeal warns judges against interrupting witness evidence too much

Sir Geoffrey Vos

The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence. He warned that “continuous interruptions during cross-examination can so often do more harm than good”.

April 10th, 2017

Rule committee backs moves to increase take-up of expert ‘hot-tubbing’

stethoscope on keyboard - medical report

Expert witnesses giving concurrent evidence – or ‘hot-tubbing’ – should be the default position in the Mercantile Court and Technology and Construction Court, the Civil Procedure Rule Committee has suggested as it backed efforts to increase the knowledge and take-up of the procedure.

April 4th, 2017

Accident victims “forced into rehab by greedy lawyers”

injury2

There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.

February 22nd, 2017

Court of Appeal criticises expert who failed to disclose “close connection” with defendant

sg18-202290

A medical expert who failed to disclose that he had trained the defendant on whose behalf he was giving evidence and that they had “worked together closely for a substantial period” has been criticised by the Court of Appeal.

February 14th, 2017

Jail for doctor who duped solicitors with fake invoices

Benjamin Chang

A doctor who fraudulently submitted false medical claims worth £183,000 to unwitting solicitors has been jailed for two years. He was found guilty at the Old Bailey of one count of fraud by false representation and for being in possession of articles for use in fraud and money laundering.

January 31st, 2017

Blog

Formal regulation – a price worth paying for third-party funders

Christopher Deadman 2

The comments by Lord Faulks QC last week that third-party litigation funding is “in danger of undermining the integrity of our much-admired legal system”, has been met with predictable howls of derision by those involved in the industry. The issue of statutory regulation or licensing has been on the agenda for a while but the creation of the Association of Litigation Funders, with its voluntary code of conduct has gone some way to persuading the Ministry of Justice (before the election, at least) that this is not necessary for the time being.

June 13th, 2017

Featured Associate

Temple Legal Protection

Visit website

Featured Associate

Eclipse

Visit website