Enhancing Expertise with McDermott KC Law

In recent years, there have been an increasing number of experienced expert witnesses the subject of judicial criticism for neglecting their duties to the Court. At McDermott KC Law we feel that this is a critical time to reflect on where the challenges in expert evidence faced by both experts and lawyers need addressing by focusing on a different approach to training.

By recognising the evolving demands of the medico-legal sector Gerard McDermott KC, a leading KC, and Michelle Hornsby, a very experienced Legal Executive with long experience of working with experts, offer a training experience to both lawyers and experts that is practical, relevant and potentially transformative with key opportunities for networking and sharing knowledge. Drawing on his illustrious career and extensive Court room experience, Gerard’s approach is refreshingly hands-on, rooted in genuine courtroom encounters that bring the realities of legal proceedings to life for delegates.

At the heart of our training are:

• Packages designed for both lawyers and expert witnesses.
• Sessions which whilst tailored to high-value personal injury/ clinical negligence claims, are also of direct relevance to expert witnesses and lawyers in every sector.
• An interactive environment where every delegate is encouraged to participate and engage directly with speakers.
• A strong commitment to considering proposals for reform.
• An unwavering focus on developing best practice and rigour in expert evidence.

We are delighted to announce that Dr John Sorabji, Professor of Law at University College London John Sorabji | About | University College London, will be the Keynote Speaker. John is a member of the Civil Justice Council of England and Wales, a statutory non-departmental advisory body that is required to keep the civil justice system under scrutiny. As such he has been a member of its Pre-Action Protocols Working Party, is a member of its standing committees on Data and Futures. He co-chaired the Working Party on Litigation Funding and was primarily responsible for devising its recommendations and drafting its Interim and Final Reports. He is also a member of its AI Working Group and co-chair of its Civil Cases in the Magistrates' Courts Working Party.

He is the author of English Civil Justice after Woolf and Jackson (2014), and A Model Code of Civil Procedure for England and Wales (2024). He is a contributor to Civil Litigation in a Comparative Context, Zuckerman on Civil Procedure, and the ELI-UNIDROT Model European Rules of Civil Procedure. He is also the General Editor of Civil Procedure (The White Book), the leading commentary on the Civil Procedure Rules.

There will also be a panel discussion where Peter Walmsley - HF and Chris Smith - Partner, Personal injury - Stewarts will address the need for reform and challenges faced in expert evidence with an experienced expert witness. Elinor Watts, Barrister of Deans Court Chambers, will also provide a case law update. More speakers announced soon!

Our training packages stand apart for their commitment to ensuring the delivery of robust expert evidence, innovation in training and genuine engagement.

Key topics/ learning outcomes will be:

• Report writing sessions to ensure robust and consistent reasoning and rationale from experts;
• Avoiding pitfalls in report writing, such as a failure to engage with key evidence or neglecting duties when approaching it (i.e. surveillance);
• Developing an understanding of how the Court will attach weight to an expert’s evidence and factors that can dimmish it (i.e. opinions based on historic assessments/ failure to reference literature relied on);
• Developing a critical eye of reports and understanding strategies used to challenge expert evidence;
• Understanding learning points/ best practice guidance developed from recent case law;
• Cross examination techniques;
• Use of artificial intelligence.

Contact Michelle Hornsby at [email protected] for more a detailed programme.

McDermott KC Law is a trading name of Gerard McDermott KC Limited.

Info: Registration, receive seminar materials and network with fellow attendees over refreshments.

Info: Keynote Speech and questions.

Info: Moderated by Gerard McDermott KC, this panel session will reflect on the topics raised by Dr John Sorabji. Our panel will consist of industry leading lawyers, Chris Smith, who will provide a Claimant perspective, Peter Walmsley, who will provide a Defendant's viewpoint, and Tom Wethers, who will give an expert witness insight, on the potential need for reform and the challenges faced in expert evidence. There will be the opportunity for delegate participation with all attendees provided with a copy of the current Civil Justice Guidance for the Instruction of Experts 2014 ahead of the seminar to pose questions or suggestions in relation to the proposals to review the Guidance, giving all in attendees the opportunity discuss the current issues.

Info: A session designed to remind experts of the need for robust and consistent reasoning and rationale when providing an opinion for the Court, how avoid pitfalls in report writing, such as a failure to engage with key evidence or neglecting duties when approaching it (i.e. surveillance), how to develop an understanding of how the Court will attach weight to an expert’s evidence and factors that can diminish it (i.e. opinions based on historic assessments/ failure to reference literature relied on); how to develop a critical eye of reports/ understand strategies used to challenge expert evidence; develop an understanding of learning points/ best practice guidance developed from recent case law.

Info: Dine in the stylish Mount Street restaurant and take advantage of key networking opportunities in the elegant and relaxing setting.

Info: Understand the key risks and issues associated with using AI, how use of AI must be consistent with the principles of CPR35, how to ensure transparency, develop an understanding of the capabilities and limitations of AI, the need to uphold confidentiality and privacy and need to ensure accountability and accuracy and be personally responsible for material produced for the Court, develop an understanding of its limitations in research and analysis and recent case law.

Info: A comprehensive review of recent decisions in personal injury and clinical negligence cases with key practice points for both lawyers and experts.

Info: This session will begin with a teaching session from GMKC and will be an opportunity for experts to understand how to refine their courtroom performance and build confidence in addressing cross-examination challenges.
A practical session will follow where participants will witness an expert engaging in a mock cross-examination.

Info: The seminar will conclude with final thoughts, questions and a drinks reception.

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