No implied sanction for failure to serve medical report

29 November 2018

There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.

Virtual hearings “could improve quality of expert evidence”

9 November 2018

The ability for experts to give evidence remotely in the new era of virtual hearings will be “very welcome” in some cases, a senior judge said today.

Number of MROs shrinks by a third as MedCo clamps down

25 September 2018

The number of medical reporting organisations on the MedCo system has shrunk by a third in only eight months, it emerged last week. By the end of August 2018 there were 78 MROs in the system, compared with 120 at 31 December 2017.

Expert who sent first draft of evidence to solicitors “not a hired gun”

16 August 2018

It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled. However, it rejected the other side’s contention that the expert had come across as a “hired gun”.

Senior judge warns experts over conditional fee agreements

8 August 2018

The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees. Sir David Holgate said experts owed the same “duty of candour” to the court as solicitors.

High Court rejects MRO’s bid for summary judgment over £1.6m “owed” by law firm

30 July 2018

The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm. Master Clark said the information clause in the agreement between them did not create an “obligation to account” on the part of the law firm.

Fury over MedCo fee increases amid culling of tier 1 MROs

12 January 2018

A body representing ‘tier 2’ medical reporting organisations (MROs) has accused MedCo of “cashing in” on its members after it announced significant hikes in fees. It follows what Litigation Futures understands has been a culling of the 14 tier 1 MROs – the high-volume, national providers – during the recent auditing programme.

High Court refuses to lift suspensions imposed by MedCo on MROs

10 January 2018

A High Court judge has thrown out judicial reviews brought by two medical reporting organisations (MROs) against their suspension from the MedCo portal. Mr Justice Lavender said there was “obviously something unsatisfactory” about the approach taken by Med Chambers and Prime Medicals.

New hot-tubbing and ‘costs of costs management’ rules come into force

1 December 2017

Variations that judges can adopt in orders for concurrent expert evidence – known as ‘hot-tubbing’ – came into force last week, along with a new provision that clarifies how the costs of costs management should be calculated.

Scientists and lawyers team up to provide evidence primers for judges

22 November 2017

The judiciary has worked with the Royal Society to create primers on scientific evidence as a working tool for judges. The first two cover DNA fingerprinting and techniques identifying people from the way they walk from CCTV, so as to assist the judiciary when handling forensic scientific evidence in the courtroom.

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