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 were the clinic and the surgeon. Both defendants disputed jurisdiction

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll