The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client – but did not rule out the possibility it could exist.
The undisclosed relationship between an arbitral tribunal member and one of the claimants’ experts has led to a €128m award being annulled as it could have had a “material effect” on the decision.
The best experts giving evidence in court are those who answer the questions thoughtfully as opposed to grandstanding, a High Court judge told an online meeting of expert witnesses last week.
A High Court judge has upheld a decision not to allow a claimant in a noise-induced hearing loss case to rely on a different expert because a joint expert produced an unfavourable report.
A panel of top judges has issued guidance for expert witnesses on giving evidence remotely, which warns that “processing information through online contact is hard”.
It is not the role of the courts to subject “uncontroverted” expert reports to “the same kind of analysis and critique as if it was evaluating a controverted or contested report”, the High Court has ruled.
Slater & Gordon has signed a deal with ExamWorks UK to handle both its medical reporting and rehabilitation needs that will see the closure of its rehabilitation business, Overland Health.
The medico-legal and insurance services market had an estimated turnover of £700m last year but the coronavirus will have a “major impact”, a report has warned.