Testator held to have lacked testamentary capacity despite expert evidence to the contrary
In the recent case of Hughes v Pritchard [2021] EWHC 1580, the judge found that a testator had lacked testamentary capacity notwithstanding expert evidence to the contrary. The testator had a history consistent with dementia, including lapses of memory and behavioural changes from 2014. He made a new will in 2016 following the death of […]
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 […]
Flawed pathological evidence in homicide case
In this 1998 case -R. v. Patrick Nicholls [1998] EWCA Crim 1918 – a man was convicted of murder and robbery, and served 23 years in prison before having his conviction overturned. A pathologist suggested that the deceased had been suffocated and suffered heart failure as the result of an assault. He had initially thought […]
Expert evidence in immigration cases
A new decision of the Upper Tribunal (Immigration and Asylum Chamber) has considered the expert evidence that can be adduced in such hearings. The issue concerned allegations of torture in Sri Lanka of members of Tamil political groups. “The duties of experts when providing evidence to courts and tribunals have been the subject of numerous […]
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 […]
Cricketing body to offer expert evidence to head injuries tribunal
The cricketing body, the MCC, is to offer evidence to retain the ‘bouncer’ in cricket, as it would otherwise become a batsman-friendly game, it has been reported by the Daily Mail (who operate under the basis that its readers will understand what all of that means). “Recognising its potential to cause serious physical damage, they […]
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 […]
Expert witness firm did not owe a fiduciary duty to clients
In Secretariat Consulting PTE Ltd & Ors v A Company [2021] EWCA Civ 6 (11 January 2021), a firm of expert witnesses appealed a ruling by Ms Justice O’Farrell that they could not act for two different clients in related arbitration. The Court of Appeal affirmed the decision, but held that the duty was contractual […]
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 […]
Bad expert co-operation, good expert co-operation
Recently, I came across two cases that show, by contrast, how experts should and should not deal with each other when retained to assist in litigation. In the first, Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2011] EWHC 1936 (TCC) (22 July 2011), Mr Justice Coulson, as he then was, […]