header-logo header-logo

29 July 2022 / Mark Solon
Issue: 7989 / Categories: Features , Profession , Expert Witness
printer mail-detail

Rules? What rules? The non-compliant expert

89130
Experts must comply with the fundamental duty to assist the court, says Mark Solon
  • A look at the recent case of Pal v Damen and another, where the claim was for clinical negligence arising from an operation.
  • Master David Cook said the expert’s report lacked substance and did not comply with the CPR.

As well as being an expert in a particular field, following the rules of how to act as an expert is essential. An expert who failed to follow even the basic requirements of the Civil Procedure Rules Part 35 did not impress Master David Cook in Pal v Damen and another [2022] EWHC 4697 (QB). The decision reiterates the need for experts to follow the required form of a court compliant report. The report can indicate if an expert has complied with the fundamental duty to assist the court and consequentially the weight given to the opinion proffered.

The claimant brought an action for clinical negligence arising from an operation conducted in Belgium. The defendants

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll