Duty on expert witness to disclose relevant material
A new judgment by the High Court of England and Wales emphasises the duties of experts to co-operate with each other in the sharing of relevant information. The case, Dana UK AXLE Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC) (26 May 2021), concerned the failure of pinion seals fitted to rear axles of […]
Expert witness produced reports on ‘an industrial scale’ for wife’s law firm
In Bux v The General Medical Council [2021] EWHC 762 (Admin) (31 March 2021), the High Court of England and Wales approved the decision of the Medical Practitioners Tribunal to erase the applicant’s name from the medical register. The applicant was a doctor who provided nearly 700 reports in claims of food poisoning against travel […]
Forensic lab criticised by prosecution counsel
In this blog post from 2017, Jerry Hayes, barrister and former Conservative MP raises serious questions about the conduct of a forensic laboratory that had confirmed a DNA link between a defendant and a firearm, in a case where he was instructed as prosecuting counsel. They later confirmed that they had not compared mixed profiles […]
Data tampering at forensic laboratory
It was reported in 2018 that 40 convictions relating to drug driving had been quashed as the result of data tampering at a laboratory belonging to Randox Testing Services. Another 10,500 cases were potentially affected. Link It seems that the company itself had acted as whistleblower, and two of its employees were arrested on suspicion […]
Arrest of money-laundering expert witness for laundering money
He had to obtain his expertise somewhere: https://www.npr.org/2019/11/19/780877837/u-s-arrests-money-laundering-expert-for-laundering-money?t=1574262927867
Naming of expert witnesses found guilty of misconduct
A curious issue has arisen in Australia concerning a clinical psychologist found guilty of professional misconduct. This blog recently included a post on the primary issue. The psychologist had concluded that a father showed traits of psychopathy such that it might be dangerous to leave his child alone with him. It was found that there […]
Psychiatrist was not an appropriate expert to act in a fitness to practice hearing concerning a paramedic
High Court: (a) dismisses appeal from decision of Fitness to Practice Committee of the General Medical Council that actions of a psychiatrist amounted to misconduct in that he accepted instructions in an FTP hearing concerning a paramedic when he was not an appropriate expert in the area and that he had made findings that the […]
Psychologist banned by professional body from acting as expert witness
An Australian psychologist has been banned from acting as an expert witness and fined AUS$20,000 because of conduct in a family law case. He attributed traits of psychopathy to the father of a child without sufficient sufficient data or clinical evidence, and suggested that the child needed protection from the father. It was found that […]
Sentence was ‘unduly lenient’ for expert witness who wrongfully amended report
Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392 (Court of Appeal, Sir Terence Etherton (presiding), 19 March 2019) In this case, the Court of Appeal held that the sentence of six months, suspended, was unduly lenient for an expert witness found to have been in contempt of court by amending the substance […]