X and Y (Care Proceedings: Fact Finding: Death of a Child: Expert Evidence), Re [2025]... X and Y (Care Proceedings: Fact Finding: Death of a Child: Expert Evidence), Re [2025]...

X and Y (Care Proceedings: Fact Finding: Death of a Child: Expert Evidence), Re [2025]...

This was a fact finding hearing into the death of a young child. The Judge found that the neurologist expert witness failed to discharge his duties as...
Guidance on the Remuneration of Expert Witnesses in  Crime Cases Guidance on the Remuneration of Expert Witnesses in Crime Cases

Guidance on the Remuneration of Expert Witnesses in Crime Cases

The Legal Aid Agency ('LAA') has issued Guidance on the Remuneration of Expert Witnesses in Crime Cases.
Diclofenac and the risk of post-ERCP pancreatitis Diclofenac and the risk of post-ERCP pancreatitis

Diclofenac and the risk of post-ERCP pancreatitis

Although the detail of this judgment is for diabetologists and gastroenterologists it is of general interest with regard to its treatment of...
Restrictions on unregulated Experts in Family Law Children Proceedings Restrictions on unregulated Experts in Family Law Children Proceedings

Restrictions on unregulated Experts in Family Law Children Proceedings

The Family Procedure (Amendment) Rules 2026 amend the Family Procedure Rules 2010 to restrict unregulated experts from acting as expert witnesses in...
Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch) Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch)

Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch)

The claimant sought damages amounting to the difference between the £16.9 million contract sale price from a failed house sale and the sum ultimately...
Podcast Episode 27: A case that changed me -  Tony Saggers Podcast Episode 27: A case that changed me - Tony Saggers

Podcast Episode 27: A case that changed me - Tony Saggers

In this month's in 'A case that changed me' we are talking with Tony Saggers who is a Threat, Risk and Harm consultant, with 30 years of...
Advocate Economists and the Competition Appeal Tribunal Advocate Economists and the Competition Appeal Tribunal

Advocate Economists and the Competition Appeal Tribunal

At a recent Frontier Economics Litigation event, the President of the Competition Appeal Tribunal, The Honourable Mrs Justice Bacon, warned that...
A Day in the Life of a General Practitioner Expert Witness A Day in the Life of a General Practitioner Expert Witness

A Day in the Life of a General Practitioner Expert Witness

Dr Frances Cranfield is a GP, Assistant Coroner, and a founding member of the Expert Witness Institute. With three decades of experience spanning...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Podcast Episode 25: Preview of the EWI Annual Conference 2026 Podcast Episode 25: Preview of the EWI Annual Conference 2026

Podcast Episode 25: Preview of the EWI Annual Conference 2026

This month on the Expert Matters Podcast, we preview the EWI  Annual Conference which will be held virtually on 19 June 2026. We look at some of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

A Day in the Life of a Housing Disrepair Expert Witness

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...

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Negligent ankle surgery?
Case Updates

Negligent ankle surgery?

This case concerns the treatment of an ankle injury. Although the orthopaedic experts expressed fundamentally opposing views concerning the appropriate management of the injury and the court did have to resolve some issues by deciding whose evidence to accept, an unusual feature of this case was the significance of the fact that the evidence of the defendant orthopaedic surgeon evolved and developed during the course of the forensic process leading the court to the irresistible conclusion that the defendant's witness statement and his account at trial were almost certainly an amalgam of what the defendant thought and his expert’s opinion of which parts were found to have been copied and pasted into his witness statement. So, the court found that the defendant's account of his reasoning and recollection had been, no doubt unwittingly, influenced by expert opinion.

Ebanks-Blake v Calder [2025] EWHC 3327 (KB) 

A deficient capacity assessment
Case Updates

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct legal proceedings, in this case sixteen sets of proceedings, the expert has to consider each set of proceedings. The person may have the capacity to conduct some and not others.

Johnston v Financial Ombudsman Service [2025] EWCA Civ 551

Without hesitation, I attach no weight whatsoever ….
Case Updates

Without hesitation, I attach no weight whatsoever ….

A section of this judgment is headed ‘Directions concerning the medical expert’. There was no medical expert in this case. There was a report from a psychotherapist. The psychotherapist in question is not registered with the General Medical Council or the Health and Care Professions Council, and it appears that she is not registered with the UK Council of Psychotherapy or the British Association of Counselling and Psychotherapy. This had been an issue in Dosti v SSHD [2002] UKIAT 04021 at §11 where it is stated that there was some doubt as to whether an accredited psychotherapist was an appropriate person to give an expert report on the psychiatric health of a claimant. In this case the tribunal had no evidence as to any accreditation whatsoever. 

Iqbal v The Secretary of State for the Home Department [2025] UKAITUR UI2023001320

Not a fundamentally dishonest stroke victim
Case Updates

Not a fundamentally dishonest stroke victim

This is an important judgment for experts instructed in cases where there is an issue as to whether thrombolysis should have been carried out following a stroke. The court considered a number of relevant publications.

For experts in psychiatry and psychology, it is important as it illustrates how the court tests evidence in cases involving performance validity testing.

Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 (KB) 

Personal injury litigation in Ireland
Case Updates

Personal injury litigation in Ireland

One of the important differences between Ireland and other British Isles jurisdictions is in the procedures followed in personal injury litigation. This case is illustrative. If the plaintiff had brought his case in England or Wales, how would this case have progressed?

Keogh v O'Keeffe [2025] IEHC 26

O v C [2025] EWFC 334
Case Updates

O v C [2025] EWFC 334

A mother applied to set aside what she submitted were findings made five years ago by a district judge concerning the party’s two children in reliance upon a report prepared by Ms G. The court found that there was no doubt at all that the harm that Ms G put forward arose, in her view, from what she regarded as the mother’s behaviour in alienating the children. Ms G had carried out an assessment of the mother which included her own attachment and other behaviours, but that did not form a finding of fact about how the mother actually behaved. Therefore there were no findings with a solid foundation that the mother alienated the children even though the judge expressed it as such, and accordingly no findings to actually set aside.

 

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