Chris Makin’s Blog Posts about ‘Litigation’
Aggressive Experts – What’s The Problem?
I’ve been reading again the case of Siegel -v- Pummell [2015] EWHC 195 (QB). The facts are simple. Mr Siegel was injured in a motor accident, and Mr Pummell (think about it!) admitted liability. There was a trial on quantum and Mr Siegel succeeded in securing a reasonable amount, but he claimed his costs on […]
Experts – A Miscellany
If you have read my previous articles in this publication, much of what follows will be familiar. But please read on, because I have tried to set out briefly, and after many years of bitter experience as an expert, some helpful comments and guidance for experts and those – you – who instruct them. 1 […]
When The Experts’ Meeting Goes Wrong
“It is ordered that the experts of like experience shall liaise, and shall produce a joint statement, setting out those matters on which they are agreed, and those matters on which they have failed to reach agreement, and their reasons for not so agreeing.” This is fairly standard wording in civil cases. In criminal cases the […]
Avoid The Iffy Claims
Some months ago I wrote about the case of Liverpool Victoria Insurance Company Ltd -v- Dr Asef Zafar [2019] EWCA Civ 392 which concerned a fraudulent claim by a taxi driver, in my home town of Huddersfield (though we are not all criminals here!). You can read about it on my blog. A medical expert had […]
When Your SJE Gives The “Wrong” Answer
The Single Joint Expert (SJE) was developed by Lord Wolf in his Access to Justice, and has featured in the Civil Procedure Rules ever since they were launched. The SJE is very popular with the courts, and no wonder. For example, where there is need to value the family business where a clean break is […]
Who Writes Your Expert Reports?
A silly question, I know, but let’s persevere. It is a rock-solid principle of litigation that the expert must be independent, and that their opinions must be their own. The leading case is Whitehouse -v- Jordan [1980] UKHL 12, where Lord Wilberforce said: “The report of the expert must be, and be seen to be, […]
Expert Meeting? Leave Well Alone!
You, dear readers, will be aware from past articles of my recurring theme with experts: choose them with care, choose them early, instruct them fully, and then let them get on with the job. In particular, choose experts who are not only outstanding in their main profession, but who also have become proficient in their […]
If You Need To Change Your Expert…
In litigation, the relationship between the expert and the instructing solicitor is an important one. I have preached in many previous articles about the need to choose your expert with care, and not to tell the trainee to get the cheapest at the latest possible date but choose yourself an expert who is both excellent […]
The CPR And CrimPR Rules For Experts Really Do Matter
This is a morality tale, with some examples of expert witness disasters that were the fault of those who should have known better. First, in the case of R -v- Steven Sulley & Ors, eight defendants were accused of fraud in selling voluntary carbon credits (me neither). Investigations were carried out by the Metropolitan Police, […]
The Expert Witness – A Brief History
This is a brief history of the expert witness’s involvement in litigation in recent years. It may help you litigators to brief your experts effectively. As an expert, I am “plugged in” to the process only at certain stages, so don’t expect me to know all the ins and outs of case management. I will […]