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22 September 2023 / Simon Berney-Edwards
Issue: 8041 / Categories: Features , Profession
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Due diligence & expert opinions

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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 for £6m, but the final award was £275,000.

The judge

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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