by Mark Tottenham BL | Jul 1, 2021 | Duties of expert witnesses, Misconduct by experts
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...
by Mark Tottenham BL | May 31, 2021 | Duties of expert witnesses, Role of decision maker
“The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. Judges must exercise their gatekeeping role throughout the testimony of...
by Mark Tottenham BL | May 31, 2021 | Duties of expert witnesses
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...
by Mark Tottenham BL | May 11, 2021 | Arbitration, mediation and conciliation, Duties of expert witnesses
A useful article on the Kluwer Arbitration Blog about the use of expert witnesses in arbitration. A question arises as to whether part-appointed expert’s duty to the arbitration is the same as it would be in court, where it is understood that the primary duty is...
by Mark Tottenham BL | May 5, 2021 | Duties of expert witnesses, Misconduct by experts
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...
by Mark Tottenham BL | Jan 12, 2021 | Duties of expert witnesses
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...
