Expert Witness Journal Issue 64 December 2025 - Flipbook - Page 25
previous criticisms of their evidence to the Court
and that failing to do so can amount to a breach of
an expert’s duty. This breach does not mean that an
expert’s evidence should be disregarded completely,
instead it should be subject to a higher level of
scrutiny. Why is this so important?
•
•
Other than the obvious practical implications
for experts who have been criticised, what this
judgment means at a higher level is that an expert
now has a status or standing that outlasts any
particular instruction. Just like with lawyers, an
expert’s reputation therefore now not only impacts
the ability to attract work, but the value of the
contribution. Whilst perhaps always the case to
some extent, this shift — we would suggest — very
much paves the way for greater regulation. The role
of regulators of course being very much to govern
the standing and practice of individuals, groups of
individuals and professions generally, and outside of
any particular case.
We will be watching these developments carefully,
and would be delighted to discuss this further with
any insurers looking to consider their position.
First published by Tom Thurlow,
partner at law 昀椀rm, Weightmans.
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There are — so far as we aware — no immediate plans,
but this is something that professional indemnity
insurers with ‘skin in the game’ in the expert 昀椀eld
should keep a close eye on.
0161 834 0017
Greater regulation will necessarily mean greater
scrutiny and experience would suggest that
ultimately that reduces the risk for insurers as
claims tend to reduce (albeit disciplinary actions
increase). Initially thought, this is quite possibly a
double-edged sword as whilst ultimately regulation
can make the professional a less risky business
to write (and in theory therefore increasing the
commercial opportunity for insurers), getting to
that point is always a journey, and those journeys
can be the riskiest moments for a profession, and by
implication insurers.
Agewise
Medicolegal
Experts
Agewise Medicolegal Experts provide geriatricians, old age psychiatrists, general
practitioners and elderly care nursing experts to instructing solicitors and barristers
to assist the Courts in matters of liability, causation, condition and prognosis,
professional negligence, personal injury and issues around mental capacity and in
particular testamentary capacity.
Insurers in this space will no doubt therefore want
to re昀氀ect on their medium to long term appetite in
this space, and we would imagine that those who
want to get ahead will start considering whether for
example:
•
there are additional questions they might want
to include in their prop forms going forwards
about experts’ practices and procedures / what
steps they are taking to prepare should greater
regulation come
•
what premiums insurers might ultimately need
to charge, and what the increase journey looks
like over the coming years to get there
what cover they want to provide for disciplinary
investigation/action and whether — for
example — they want to consider writing
in point lawyers into policies to ensure that
complaints are e昀昀ectively managed
whether there is scope to work with brokers
and/or lawyers operating in this space to o昀昀er
ways of working with insureds / potential
insureds to help get them ready and therefore
set themselves apart.
Our consultants, GPs and nursing experts all have a long experience of working in
the NHS and are fully up to date in current practice. Dr Dan Lee is the Principal
Geriatrician and has over 20 years of working as an NHS consultant in the Royal
Free Hospital, London, a busy London teaching hospital, as well as working in
community based multidisciplinary frailty teams. He now works in the Cleveland
Clinic London as a consultant on the Acute Medical Assessment Unit.
All our clinicians have many years of experience in managing acute illness and
disability in older people as well as experience of producing medicolegal reports.
They have also all also received formal training in medicolegal report writing. In
addition, we have subspecialist expertise in life expectancy estimation, dementia,
depression, mental capacity, care home standards of care and stroke. We take
instruction both nationally and internationally and will assess clients in their own
residence should they be too frail to travel to our private rooms.
Contact: Dr Dan Lee | Telephone: 020 7117 2551
Email: admin@agewiseml.co.uk | Alternate Email: dan@agewiseml.co.uk
Website: www.agewiseml.co.uk
Address:
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Highbury Stadium Square
London, N5 1FJ
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