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Experts
Expert who sent first draft of evidence to solicitors “not a hired gun”
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
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
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
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
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
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
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.
More bad news for government PI reforms: Experts not willing to accept LiP instructions
Expert witnesses in personal injury work are not willing to work with litigants in person if the government’s plans to increase the small claims limit for personal injury cases are passed into law, new research has found. It also said 38% of experts operating in PI have been affected by a law firm or other instructing party going bust.
Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence
A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence. Lord Hodge also reassured experts that courts do not presume them to be “hired guns” who allow their instructing solicitors to call the tune.
We need openness, not the “team view”, senior judges tell experts
Senior judges have called on expert witnesses to show greater openness and avoid “hiding behind the team view”. Also, medical experts were criticised for paying lip service to the requirement to include a range of views in their reports, while those in criminal cases were encouraged to be honest about shortcomings in their data.
Blog
QOCS and multiple defendants – why both sides need to be wary
The recent case of Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 represents a very interesting development in the interpretation of rule 44.14. The question before the Court of Appeal was this: where, in a matter to which QOCS applies, a claimant has brought an action against multiple defendants, is a successful defendant entitled to enforce a costs award in its favour against damages recovered by the claimant from an unsuccessful defendant?
August 16th, 2018
Associate News
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