Experts

Number of MROs shrinks by a third as MedCo clamps down

Martin Heskins 2

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.

September 25th, 2018

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

Asbestos Thermal Pipe Insulation

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”.

August 16th, 2018

Senior judge warns experts over conditional fee agreements

Mr Justice Holgate

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.

August 8th, 2018

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

Business & Property Courts Rolls Building

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.

July 30th, 2018

Fury over MedCo fee increases amid culling of tier 1 MROs

Ben Elsom

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.

January 12th, 2018

High Court refuses to lift suspensions imposed by MedCo on MROs

Nick Lavender

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.

January 10th, 2018

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

percent sign

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.

December 1st, 2017

Scientists and lawyers team up to provide evidence primers for judges

Inaugural Harbour Litigation Funding Annual Lecture - 8 May 2013

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.

November 22nd, 2017

More bad news for government PI reforms: Experts not willing to accept LiP instructions

stethoscope

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.

November 13th, 2017

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence

Lord Hodge

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.

October 19th, 2017

Blog

An analogue decision? Google defeats attempt at consumer ‘class action’

Claire Stockford

In an eagerly awaited judgment, the High Court handed down its ruling in Richard Lloyd v Google LLC on 8 October. It seems clear that there is a degree of reluctance to permit group litigation which will not materially benefit consumers. That being said, it is hard to ignore the increased possibilities of group litigation in the context of corporate data breaches, particularly following the implementation of GDPR earlier this year.

October 18th, 2018

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