Guidance from TAE

Declarations

Expert Declaration – Singapore

Expert’s Declaration for use in Civil Matters in Singapore

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Expert Declaration – Adjudication

Expert’s Declaration for use in Adjudications

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Expert Declaration – Civil Courts

September 29, 2020

The form of declaration required for use in Expert Reports to the Civil Courts in England & Wales.   Current version in use from 1st October 2020

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Expert Declaration – Family Courts

October 1, 2014

The form of declaration required for use in Expert Reports to the Family Courts.

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Expert Declaration – Criminal

April 1, 2017

The form of Expert Declaration to be used in Criminal cases.

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Fact Sheets

Discussions between Experts

October 1, 2015

This Fact Sheet is based on the position in England & Wales for all Civil cases. Appropriate adjustments may need to be made for other courts or jurisdictions

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Guidance on the Giving of Remote Evidence for Expert Witnesses

September 2, 2020

With the global pandemic courts and tribunals around the world are going online with Expert Witnesses being asked to give evidence remotely – often for the first time.

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Practice Direction for Northern Ireland

February 1, 2015

Guidance on the Practice Direction for Northern Ireland

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Legal Professional Privilege

April 1, 2015

Fact Sheet on legal professional privilege issued by The Academy of Experts

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Confidentiality

January 1, 2017

Fact Sheet issued by The Academy of Experts

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Conflicts of Interest

February 1, 2016

TAE Guidance on Conflicts of interest

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CPR Fact Sheet

January 1, 2015

TAE Guidance and CPR rules

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Experts’ Conferences in Hong Kong

March 1, 2015

This Fact Sheet is based on the position in Hong Kong for all Civil cases. Appropriate adjustments may need to be made for other courts or jurisdictions, for example in England & Wales there are similar provisions under the Civil Procedure Rules (CPR). The document drawn up at the conclusion of the meeting is generally […]

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Information Sheets

TAE web site visual instructions

June 30, 2020

A simple, graphical guide to the navigation and use of The Academy’s web site designed to help users, and in particular, members, navigate the site.

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Expert Reports

February 1, 2015

Information sheet introducing the rules and role concerning Expert Witness reports.

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What is an Expert Witness

January 1, 2015

Information sheet introducing the role and duties of an expert witness.

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What is Mediation

January 1, 2008

Information sheet introducing mediation as an ADR approach.

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What is Expert Determination

January 1, 2008

An information sheet introducing the ADR approach, Expert Determination

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Becoming an Expert

March 1, 2015

Guidance for those considering becoming an expert on the considerations and steps to take.

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Model Documents

Model Terms of Engagement – Party Appointed Expert

September 1, 2018

Model terms of engagement for a party-appointed expert witness under CPR.

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Model Terms of Engagement – SJE

September 1, 2018

Model terms of engagement for an expert witness engaged as a single joint expert

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Model Terms of Engagement – Expert Advisor

June 1, 2008

Model terms for use where the engagement is as an Expert Advisor, rather than a Party-Appointed or Single Joint Expert under CPR.

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Model form of Expert Report

September 29, 2020

A model format for an Expert Witness report. Issued by the Judicial Committee of The Academy

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Model form of Expert’s CV

January 1, 2015

Issued by the Judicial Committee of The Academy of Experts

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TAE Rules for Expert Determination

January 1, 2008

Procedure rules for Expert Determination published by The Academy of Experts.

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Reported Cases

ADS Aerospace Limited v EMS Global Tracking Limited

How to refuse to mediate reasonably [2012] EWHC 2904 (TCC) TEDR Volume 18 Issue 1 Summary The Court held that a successful party should not be penalised in costs for having declined to mediate, as its refusal to do so had not been unreasonable. Background ADS had claimed over $16 million for breach of contract and […]

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Mengiste v Endowment Fund for the Rehabilitation of Tigray

Do not keep up with the Jones’ – expert mauled and Solicitor attacked… [2013] EWHC 599 (Ch) TEDR Volume 18 Issue 1 Introduction This is an interesting case for several reasons. First, it represents a comparatively unusual example of a forum conveniens argument about whether a trial should take place in England or in Ethiopa where all […]

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Webb Resolutions v E.Surv + Blemain Finance v E.Surv

Expert valuation evidence, the “Margin of Non-Negligent Valuation”, and how to approach lenders’ contributory negligence [2012] EWHC 3653 (TCC)  [2012] EWHC 3654 (TCC) TEDR Volume: 17 Issue: 3 The Facts Both cases also dealt with the proper approach to allegations that the lender had been contributory negligent. Webb and Blemain were two separate claims brought by lenders. Both […]

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Zvonko Bulic v Harwoods & Ors

Dis-Instructing a Single Joint Expert in favour of a Sole Expert [2012] EWHC 3657 (QB) TEDR Volume: 17 Issue: 3 The Facts The Claimant brought a claim for damages against the defendants for a serious, mechanical engine failure in his car. The critical issue between the parties was the cause of the engine failure. The Claimant asserted […]

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Dar v Vonsak Gateway Insurance

Withdrawing admissions on the basis of late Expert evidence [2012] EWHC 3632 (QB) TEDR Volume 17 Issue 3 The Facts In August 2010 the claimant’s vehicle was alleged to have been involved in a collision at a roundabout. His vehicle was declared a total loss which led the appellant insurer to admit liability. The vehicle was […]

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Zweite M/S “Philippa Schulte” Shipping GmbH v PSA Corp Ltd

How not to give Expert evidence [2012] SGHC 135 TEDR Volume 17 Issue 3 This is a case from the Singaporean High Court. It is reported in this issue because it gives some very good examples as to how experts should not approach their duties to the tribunal. In this case, both of the claimant’s experts came […]

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Cecil Guntrip v Cheney Coaches Ltd

Another Expert changes his mind – The effect on the party [2012] EWCA Civ 392 TEDR Volume 17 Issue 2 The Facts & Issues The appellant appealed to the Court of Appeal from the decision of a Circuit Judge which upheld an appeal from the decision of the District Judge to refuse to permit the Respondent to […]

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Grupo Hotelero Urvasco SA v Carey Value Added Sl

Expert’s withdrawal – and repercussions [2013] Bus LR D45, [2013] EWHC 1039 TEDR Volume 17 Issue 2 The Facts & Issues The Applicant applied for permission to rely on expert evidence related to delay in a construction project. This was complex litigation and the trial date had been vacated on two previous occasions already. The applicant accepted […]

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Wright x Basildon & Thurrock NHS Trust

Necessity for Expert Evidence, late application & £1 million fees [2011] EWHC 3980 (QB) TEDR Volume 17 Issue 2 The Facts The Applicant (the NHS Trust) applied for Summary Judgement on certain outstanding issues in a clinical negligence claim brought by the Respondent (Mr Wright). The Respondent had had severe acute pancreatitis. The Respondent had an operation […]

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Peter Annison v Paul Nolan

SJE acting beyond Instructions [2012] EWCA Civ 54 TEDR Volume: 17 Issue: 2 The Facts The Appellant appealed against a damages assessment made in a personal injury claim against the Respondent. In respect of serious injuries sustained by the Appellant arising from a road traffic accident the Claimant had admitted liability. That left the matter of damages […]

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David Walker v Smith Anderson Packaging Limited

Ergonomics – an uncomfortable seat in the box [2012] CSOH 001 TEDR Volume 17 Issue 1 In many ways these judicial comments on the experts might be regarded as the Scots version of the English popcorn case (Trebor Bassett Holdings Limited & others v ADT Fire & Security Plc [2011] EWHC 1936 (TCC)) last year. There is […]

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Smales v Lea and Others

Experts fees – Statute Barred [2011] EWCA Civ 1325 TEDR Volume 16 Issue 3 The Facts The Claimant was a Chartered Surveyor of many years experience. He had been engaged by the occupants of a first floor flat to report into defects with the property in which they lived. They owned the freehold to the whole […]

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Wilky Property Holdings Plc v London & Surrey Investments Ltd

Interpretation of a clause – is it Arbitration or Expert Determination? [2011] EWHC 2226 (Ch) TEDR Volume 16 Issue 3 The Facts The Defendant was applying for a stay of Part 8 proceedings issued by the Claimant pursuant to the Arbitration Act 1996 or the inherent jurisdiction of a Court. The Defendant claimed that it had invoked […]

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The Queen re Stewart Ford v (Def) The FSA and (Interested Parties) Peter Johnson and Mark Owen

Joint Privilege [2011] EWHC 2583 (Admin) TEDR Volume 16 Issue 3 The Facts The Claimants and the interested parties were trying to assert joint interest legal privilege over various e-mails sent to them by their solicitor between February and June 2008. The case concerned legal advice privilege only. The Claimant and Mr Owen (one of the […]

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(1)Trebor Bassett Holdings Limited (2) The Cadbury UK Partnership and ADT Fire and Security PLC

Behaviour of Experts [2011] EWHC 1936 (TCC) TEDR Volume 16 Issue 3 The Facts The facts surrounded a catastrophic fire which destroyed the Claimant’s large confectionery factory in Pontefract. The issues surrounded the Defendant’s supply of a CO2 fire suppression system for the popcorn machinery where the fire broke out. It is not necessary for our […]

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Rolf v De Guerin

Failure to engage in mediation [2011] EWCA Civ 78 TEDR Volume 16 Issue 2 The Facts The case involved a building dispute between a home owner (Mrs Rolf) and a small builder (the Defendant). The builder was to carry out works to the garage and loft of the home. There were contractual terms for part payment. […]

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Medimmune limited v (1) Novartis Pharmaceuticals UK Ltd And (2) the Medical Research Council

The drafting of Experts’ reports [2011] EWHC 1669 (pat) TEDR Volume 16 Issue 2 The Facts This case concerned an action by the Claimant against the First Defendant for an alleged infringement of a patent. Technical expert evidence was thus required. The Issues The Court discussed and gave guidance upon the instruction of expert witnesses, particularly […]

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Crema v Cenkos Securities Plc

Is expert evidence required to assist [2010] EWCA Civ 1444 TEDR Volume 16 Issue 1 The Facts This was a commercial case and involved the interpretation of a contract. The question which concerns us is whether or not a Court can take account of expert evidence on the issue of “market price” for the purposes of […]

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Edwards-Tubb v JD Wetherspoon Plc

Disclosure of an Expert’s report obtained during the pre-action protocol period [2011] EWCA Civ 136 TEDR Volume 16 Issue 1 The Facts During the pre-action protocol period in a personal injury action the Claimant had nominated three experts upon which he sought to rely. One of those experts was instructed but the Claimant did not wish to […]

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Zeid And Others v Credit Suisse

The experience of an Expert [2011] EWHC 2422 (Comm), [2011] 2 CLC 523 TEDR Volume: 16 Issue: 1 The Facts This was an application to determine whether expert evidence might or might not be of assistance in a complex financial case where Credit Suisse had advised the Claimants to invest in some Structured Notes. The first attack […]

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Meat Corporation Of Namibia Limited v Dawn Meats (UK) Limited

The independence of an Expert [2011] EWHC 474 (Ch) TEDR Volume: 16 Issue: 1 The Facts This involved an application by the Claimant, Meat Co against the Defendant, Dawn, to oppose an application by the Defendant to call a new expert witness. They wished permission to be refused on the basis that proposed expert was in possession […]

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Axa Seguros, SA de CV v Allianz Insurance Plc And Others

Privilege and Expert reports [2011] EWHC 268 (Comm), [2011] Lloyd’s Rep IR 544 TEDR Volume: 16 Issue: 1 The Facts The Defendants claim litigation privilege over various pieces of material that were obtained and prepared pre-proceedings. The law was not seriously in dispute but was helpfully reiterated. Issues When is a pre-action report privileged? The Decision The […]

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Smith v Co-Operative Group Limited & Mark Hammond

Judge not entitled to reject expert evidence simply on the basis of his own experience but must give reasons as to why he does not accept it [2010] RTR 30, [2010] EWCA Civ 725 TEDR Volume 15 Issue 3 The Facts This was a case where a 13 year old boy, on his bicycle, cycled out […]

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Warner (a protected party) v Penningtons & Others

Scope of an Expert’s duty 119 BMLR 126, (2011) 119 BMLR 126, [2011] EWCA Civ 337 TEDR Volume 15 Issue 3 The Facts The main action involved a claim for alleged professional negligence on the part of solicitors and/or counsel in undersettling  a personal injury action brought by the Claimant arising out of a serious brain injury […]

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In the matter of D (a child)

Judge entitled to reject expert evidence on the basis of empirical, factual evidence [2010] EWCA Civ 1000 TEDR Volume 15 Issue 3 The Facts This was an appeal from Mostyn J. against an Order discharging all but one care Order in respect of 6 children who, thereafter, would return to their family home. The evidence before the Judge, […]

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England v Foster Wheeler Limited & Others

Expert criticised for changing opinion without justification 14th August 2009 (Sheffield County Court) TEDR Volume 15 Issue 2 The Facts This case involved a claim by the Claimant against five potential Defendants, all of whom employed him at some period or periods of his working life. His claim was for pleural thickening with restriction and respiratory […]

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Frost v Oldfield

Expert criticised for manner in which evidence was presented [2010] EWHC 279 (QB) TEDR Volume 15 Issue 2 The Facts This was a road traffic accident claim where the Claimant and Defendant were each riding motorcycles along a single lane road but travelling in opposite directions. The facts of the accident were that they hit each other […]

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Macdonald Estates Plc v National Car Parks

Arbitration or Expert’s Determination [2009] ScotCS CSIH_79A TEDR Volume 15 Issue 2 The Facts The parties had entered into a contract relating to the proposed development of a multi -storey car park. The terms of that contract are of little relevance here, save to say that the contract contained several provisions for resolution of disputes, some […]

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Tufano v Vincenti

Immunity from Suit applicable to Experts – Libel Proceedings [2006] EWHC 1496 (QB) TEDR Volume 11 Issue 2 The Facts The applicant (V) had been instructed as an expert psychiatrist to prepare a report on T’s psychiatric condition and on any other matters within his expertise. T had agreed to the preparation of the report […]

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Great North Eastern Rlwy Ltd v JLT Corporate Risks Ltd

Relevance of Expert Evidence to Limitation [2006] EWHC 1478 (QB) TEDR Volume 11 Issue 1 The Facts This was a claim between a GNER and its insurance broker (JLT) for a failure by the latter to obtain cover of a particular type. The claim in negligence was admitted by the insurance broker but it asserted […]

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Armstrong & O’Connor v First York

Court can prefer eye witness evidence to the expert’s opinion [2005] EWCA Civ 277 TEDR Volume 11 Issue 1 The Facts This case concerned two claimants who claimed that, whilst waiting at traffic lights in the centre of York, one of the Defendant’s buses collided with their car, and that they sustained back injuries as […]

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The Owners and Bareboat Charterers of the vessel “Global Mariner” v the Owners and Bareboat Charterers of the vessel “Atlantic Crusader”

Guidelines for Assessors [2005] EWHC 380 (Admlty), [2005] 1 Lloyd’s Rep 699 TEDR Volume 11 Issue 1 The Facts This was a case arising out of a collision between two vessels on the Orinoco River in Venezuela. The dispute was about fault for the collision, and an expert assessor had been appointed by the Court, […]

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Petursson and Another v Hutchinson 3G

Crusading expert lacked evidence [2005] EWHC 920 (TCC) TEDR Volume 11 Issue 1 The Facts The Claimants in this case sought an order for removal of the Defendant mobile phone company’s mast which, at the time the claim was started, was situated next door to the Claimants’ home. The Claimants claimed that the mast, by […]

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Vasiliou v Hajigeorgiou

The effect of not stipulating the expert by name [2005] EWCA Civ 236 TEDR Volume 11 Issue 1 The Facts This was a claim for damages for breach of a covenant of quiet enjoyment. Liability had been established and the remaining issue was assessment of damages. At a case management conference the judge had given […]

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In the Matter of A Company

The fascinating case of a without prejudice threat [2005] Reported in Lawtel (a decision of Lewison J in the High Court, Chancery Division) TEDR Volume 11 Issue 1 The Facts The Claimants had issued proceedings for the return of documents and for injunctions restraining their use or dissemination. The action was stayed for mediation to […]

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GW & PW v Oldham Metropolitan Borough Council and another

Medical experts reference and the consumer need for 2nd Expert [2006] 1 FLR 543, [2005] EWCA Civ 1247 TEDR Volume 11 Issue 1 The Facts The appellant parents (W) appealed against an order made in care proceedings brought by the Oldham Met Borough Councul in relation to their son. After the conclusion of the first […]

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Re M (Children) (Expert Evidence)

Practical approach for Experts’ access [2004] EWCA Civ 1311 TEDR Volume 11 Issue 1 The Facts This case involved a man who had been found to have committed some acts of sexual abuse against his own daughter, and the daughter of his partner. He had a further nine children with his partner, some very young. […]

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Mid-Devon District Council v Stevenson

The discretion to allow further Expert Evidence to be obtained [2007] UKEAT 0196_07_1810 TEDR Volume 12 Issue 3 The Facts The proceedings consist of a claim presented to the Employment Tribunal on 30th November 2005 by Ms Stevenson against her employers, MDDC, in which she complains of unfair dismissal, disability discrimination and failure, in breach […]

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British Nuclear Group Sellafield Ltd v Gemeinschaftskernkraftwerk Grohnde GmbH & Anor

The Employed Expert and how to Overcome a Lack of Independence [2007] EWHC 2245 (Ch) TEDR Volume 12 Issue 3 The Facts The case involved the calling of both factual and expert witnesses to provide evidence and some witnesses who gave both factual AND expert evidence. The Issues The issues in the case arose out […]

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Oldham Metropolitan Borough Council (Applicant) v (1) GW (2) PW (3) KPW (A Child by his Guardian Jacqueline Coultridge) (Respondents) & W ST C Forbes

Guidance for Experts in Family (and possibly other) Matters [2007] EWHC 136 (Fam), [2007] 2 FLR 597 TEDR Volume 12 Issue 2 The Facts The court was asked to determine certain facts and make recommendations, and in particular to make some findings in respect of an expert (F) in paediatric neuro-radiology, arising out of concluded […]

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Miah V Birmingham & The Black County Strategic Health Authority

Another case of misuse of statistics by an Expert [2007] EWCA Civ 290 TEDR Volume 12 Issue 2 The Facts Mr. Miah was 26 years of age and suffered from severe athetoid cerebral palsy. This was brought about in the final stages of labour when he was born. It was a catastrophic case of cord […]

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R (on the application of Singapore Medical Council) (Claimant) v General Medical Council (Defendant) & Simon Shorvon (Interested Party) (2006)

Expert adviser investigation [2006] EWHC 3277 (Admin) QBD (Admin) (Davis J) 21/12/2006 TEDR Volume 12 Issue 1 The Facts The claimant, the Singapore Medical Council (“SMC””, applied for judicial review of a decision of the GMC to cancel the referral of a charge to its Fitness to Practise Panel against the interested party ” Professor […]

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Andrew Carruthers v (1) Mp Fireworks Ltd (2) Balfour Convenience Stores Ltd

Potential Conflicts of Interest Bristol County Court (Recorder Moxon-Browne QC) 26th January 2007 TEDR Volume 12 Issue 1 The Facts The appellant appealed against a case management decision giving him permission to rely on an expert’s report subject to the disclosure to the defendants of an earlier report from a different expert. The claimant had […]

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Aird and Aird v Prime Meridian Limited

The confused case of the meeting of experts and mediation [2006] EWHC 2338 (TCC) TEDR Volume 12 Issue 1 The Facts This was a building dispute which went to litigation. In the course of the litigation HHJ Thornton QC made a direction that: “By 23.9.05 the parties’ architectural experts ….do meet without prejudice and prepare […]

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Kirkman v Euro Exide Corporation (CMP Batteries Ltd)

Relevance of Expert Evidence to Limitation [2007] EWCA Civ 66 TEDR Volume 12 Issue 1 The Facts In September 2001 the claimant sustained an accident at work when he fell into a 2 feet deep hole. His foot became trapped and he suffered a wrenching injury to the right knee. He had some previous history […]

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Alitalia-Linee Aeree Italiane SPA v Rotunno and Othersted

Interpretation of documents is the judge’s job [2008] EWHC 185 (Ch) TEDR Volume 13 Issue 3 The Facts The case concerned the pension scheme set up by the Claimant for the benefit of its employees. The case revolved around construction of the scheme relating to its funding. Each party produced expert actuarial evidence. The Issues […]

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Multiplex Constructions (UK) Limited v (1) Cleveland Bridge UK Limited and (2) Cleveland Bridge Dorman Long Engineering Limited

Lay Witness with expert knowledge [2008] EWHC 2220 (TCC) TEDR Volume 13 Issue 3 The Facts This review concerns the status of the evidence of a Mr Taylor at the final trial of the extensive litigation arising out of the construction of the “new” Wembley Stadium. Mr Taylor gave his evidence by way of witness […]

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Esure Insurance Ltd v Direct Line Insurance PLC

Experts need knowledge Lawyers do not have [2008] EWCA Civ 842 TEDR Volume 13 Issue 3 The Facts This matter arose out of opposition proceedings pursuant to the Trade Marks Act 1994. The opponents (Direct Line) contended that the mark sought to be registered (a computer mouse with wheels (of undetermined colour) for insurance and […]

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Saunder v Birmingham City Council

SJE – tests for allowing additional Experts [2008] UKEAT 0591_07_2105 TEDR Volume 13 Issue 3 The Facts Mr Saunder brought a claim against his employers, Birmingham City Council alleging 48 individual complaints of unlawful racial discrimination. Three of those complaints were upheld by the Employment Tribunal and Birmingham City Council was found liable for those […]

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(1) Cumbria Waste Management Limited and (2) Lakeland Waste Management Limited v Baines Wilson (a firm)

Disclosure, Without Prejudice, Confidentiality and Litigation [2008] EWHC 786 (QB) TEDR Volume 13 Issue 2 The Facts The Defendant had acted as Solicitor for the Claimants in connection with the drafting and negotiation of an agreement between themselves and DEFRA for the provision of waste management services during the foot and mouth epidemic in 2001. […]

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Homepace Limited v SITA South East Limited

Expert Determiners need to know what they are doing [2008] EWCA Civ 1 TEDR Volume 13 Issue 2 The Facts This appeal concerned whether a certificate issued by an expert for a determination pursuant to a lease was valid and therefore binding. The lease was of commercial premises part of which involved an area where […]

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Re: S (a child)

Expert should only see documentation relevant to issues [2008] EWCA Civ 365 TEDR Volume 13 Issue 2 The Facts The local Authority were seeking a Care Order relating to the fifth child of a couple. The first four children were already the subject of Care Orders. Accordingly, there was a great deal of material which […]

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Shepherd & Neame v EDF Energy Networks (SPN) PLC

Expert’s Report once disclosed can be used by others [2008] EWHC 123 (TCC) TEDR Volume 13 Issue 2 The Facts The case involved a fire. There were multiple parties. The issue was, essentially, who and what caused the fire and, whether that party bore any liability. Each Defendant and the Claimants had permission to instruct […]

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Halifax Life Limited v The Equitable Life Assurance Society

Expert Determination – the dangers of (inadequate) reasons [2007] EWHC 503 TEDR Volume 13 Issue 2 The Facts The parties agreed to refer their dispute for determination by an Expert. They agreed the Umpire’s terms of reference, which included terms that: 1. The decision would be binding on the parties save in the case of a […]

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Thorp v Sharp

The burden of proof and the remit of the Expert [2007] EWCA Civ 1433 TEDR Volume 13 Issue 1 The Facts This case concerned a Claimant who had sustained a hip injury during an accident at work. The Claimant’s own evidence, and thus her case, was that she continued to suffer pain long after the […]

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Novartis Grimsby Ltd v John Cookson

Expert evidence – Judge preferring the evidence of one Expert to that of another EWCA Civ 1261 [2007] TEDR Vol 13 Issue 1 The Facts Mr Cookson had worked for Novartis in the production of dye-stuffs, including azo-dyes, for some years during the 1960’s. He had developed bladder cancer and alleged that the condition was […]

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In the matter of M (Children)

Written Expert evidence and its evidential weight EWCA Civ 1363 [2007] TEDR he Facts This was a sorry case concerning the residence of three children. Originally, they had resided with their mother until the mother’s alcohol dependence resulted in the children’s’ father removing them from their Midlands home to London. He cared for them there […]

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Leo Sawrij Ltd v North Cumbria Magistrates’ Court

When is an Expert not an expert? [2009] EWHC 2823 TEDR Volume 14 Issue 3 The Facts The Appellant (Defendant) was originally prosecuted for environmental offences. All four complaints were dismissed after the close of the Prosecution case. The Appellant had obtained an Expert’s report. It had been of considerable assistance to the Appellant during […]

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Jones v Kaney

Professional Negligence of the Expert Witness [2010] EWHC 61 (QB) TEDR Volume: 15 Issue: 1 The Facts The Defendant (a Consultant Clinical Psychologist who had acted as a forensic expert in Psychology within a personal injury action on behalf of the Claimant) sought to strike out a claim issued against her for professional negligence in the preparation of […]

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Williams v Jervis

Is the Conduct of an Expert Relevant to Costs? [2009] EWHC 1837 (QB) The Facts Mrs Williams brought a claim for personal injuries sustained by her during a road traffic accident. The litigation was lengthy and, as the Judge found, conducted at “high temperature”. Mrs Williams claimed, amongst other things, to have sustained an injury […]

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Stewart v Glaze

Accident Reconstruction Evidence [2009] EWHC 704 (QB)  The Facts Mr Stewart sustained a serious brain injury when he, a pedestrian, was struck in the early hours of the morning by a motor vehicle driven by Mr Glaze. The evidence was that Mr Stewart was sitting at a bus stop with his friend. They had been […]

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McKechnie Plastic Components v Mrs E Grant

Is the decision of a Joint Expert Final? [2009] UKEAT 0284_08_2001 The Facts Mrs Grant contended that she was a disabled person within the meaning of the Disability Discrimination legislation. Whether she was disabled was tried as a preliminary issue and a psychiatrist was jointly instructed to report. The Joint Expert’s view was that she […]

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Health Service Executive v Eamon Keogh trading as Keogh Software

Expert Determination (Ireland) [2009] IEHC H419 (High Court, Ireland) The Facts The two parties had entered into a commercial contract (in three separate agreements, two long and one short). The Defendant was paid by the Plaintiff to support and maintain various software. In doing so, the Defendant was to place the source code for certain […]

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City of London v Sancheti

Stay of Arbitration Proceedings [2008] EWCA civ 1283 TEDR Vol 14 Iss 1 The Facts By lease, the Corporation of London let business premises on New Bond Street to ALC Press Inc., a Japanese Company, in 1998. By a clause in the lease, both parties submitted to “the non-exclusive jurisdiction of the competent courts of […]

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