header-logo header-logo

Rules? What rules? The non-compliant expert

29 July 2022 / Mark Solon
Issue: 7989 / Categories: Features , Profession , Expert Witness
printer mail-detail
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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll