header-logo header-logo

22 September 2023 / Simon Berney-Edwards
Issue: 8041 / Categories: Features , Profession
printer mail-detail

Due diligence & expert opinions

138384
Simon Berney-Edwards underlines the importance of providing experts with all the evidence they need to ensure their opinions pass muster
  • Those instructing care experts must ensure that they have been provided with all the necessary evidence to ensure that they can fully address the issues, and that their opinions are fully justified and tested against the realities of life.

The recent judgment by Mr Justice Cotter in the case of Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565 (KB) provides important direction and lessons to be learned for expert witnesses and those instructing them.

This claim arose out of an accident in 2017 in which Mr Scarcliffe, a tree surgeon, suffered two spinal fractures when a colleague lost control of a solid section of tree trunk, and it fell on him. Judgment had been found in favour of Mr Scarcliffe, and the proceedings in question were therefore specifically to assess damages. The claim detailed significant requirements going forward as two of his five children are disabled. The original claim was

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll