Chapter 17 – Going to Court
Abstract Expert opinion evidence may be rebutted by showing the incorrectness or inadequacy of the factual assumptions on which the opinion is based, the reasoning by which he progresses from…
Chapter 16 – How to Read an Expert Medical Report
Abstract For expert evidence to be tested, a thorough understanding of the evidence is critical. Experts are privileged in that they are able to give evidence, on more than what…
Chapter 15 – Reports for Coroners Courts and Fatal Accident Inquiries
Abstract The role of the coroner has evolved since the office was formally established in 1194, from being a form of medieval tax gatherer to an independent judicial office holder…
Chapter 14 – Reports for Fitness to Practise, Conduct and Performance Proceedings
Abstract Psychiatrists called upon to provide expert reports to regulatory bodies will in most cases be required to assist the regulator where there are concerns as to the practitioner’s fitness…
Chapter 13 – Reports in Employment, Disability Discrimination and Pension Cases
Abstract Here, along with consideration of expert psychiatric evidence in cases of disputes between employers and employees and in pension cases, we deal with its relevance to disability discrimination in…
Chapter 12 – Reports in Immigration and Asylum Cases
Abstract The majority of requests for reports in immigration and asylum cases arise in the asylum context. However, issues of mental health will frequently come up in human rights applications…
Chapter 11 – Reports for the First-tier Tribunal (Health, Education and Social Care Chamber) Mental Health
Abstract There is … no canon of construction which presumes that Parliament intended that people should, against their will, be subjected to treatment which others, however professionally competent, perceive, however…
Chapter 10 – Reports in Cases Involving Capacity Issues
Abstract Since 2000, several jurisdictions have codified a considerable amount of case law relating to capacity, but interpretation of the statutory law is informed by the earlier case law and…
Chapter 9 – Reports for Family Proceedings Relating to Children
Abstract In England and Wales, public law proceedings, sometimes also known as care proceedings, usually involve an application by a local authority to take a child or children temporarily or…
Chapter 8 – Reports in Personal Injury Cases
Abstract In England and Wales, there is a three-year limitation period in most personal injury actions. In some HCA cases, and in professional negligence cases, it is six years. This…
