A deficient capacity assessment A deficient capacity assessment

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...
The Isolation of Experts The Isolation of Experts

The Isolation of Experts

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go...
Competition Appeal Tribunal Practice Direction on Expert Evidence Competition Appeal Tribunal Practice Direction on Expert Evidence

Competition Appeal Tribunal Practice Direction on Expert Evidence

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to...
Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513 Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

The Claimant defaulted on a loan secured by a mortgage on a warehouse building. It disagreed with the Receiver's approach to marketing the...
EWI Guidance on Approaching Retirement EWI Guidance on Approaching Retirement

EWI Guidance on Approaching Retirement

Retiring from your role as an expert witness is a significant decision that requires careful consideration and planning. The EWI has published new...
Podcast Episode 20: Review of 2025 Podcast Episode 20: Review of 2025

Podcast Episode 20: Review of 2025

Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over...
Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch) Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

The Claimants brought an action against the Defendant, the Secretary of State for Education, for negligence and misfeasance in public office, relating...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...
Podcast Episode 19: Transparency and Open Justice Podcast Episode 19: Transparency and Open Justice

Podcast Episode 19: Transparency and Open Justice

In this month's episode of the Expert Matters Podcast, we explore recent developments in Transparency and Open Justice. You can also catch our...
A Day in the Life of a Paramedical Skin Camouflage Expert Witness A Day in the Life of a Paramedical Skin Camouflage Expert Witness

A Day in the Life of a Paramedical Skin Camouflage Expert Witness

Vanessa Jane Davies is the founder of Skin Camouflage Services, an independent expert practice offering paramedical skin camouflage, non-invasive scar...
Podcast Episode 18: Pro Bono Expert Evidence Podcast Episode 18: Pro Bono Expert Evidence

Podcast Episode 18: Pro Bono Expert Evidence

Today is the start of the 24th UK Pro Bono Week. In this extra edition of the Expert Matters Podcast we discuss the EWI's recent Partnership with...
A Day in the Life of a Speech and Language Expert Witness A Day in the Life of a Speech and Language Expert Witness

A Day in the Life of a Speech and Language Expert Witness

We speak to a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing medicolegal...

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Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

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Aspirin and haemolysis, elevated liver enzymes and low platelets (HELLP) syndrome
Case Updates

Aspirin and haemolysis, elevated liver enzymes and low platelets (HELLP) syndrome

This is an important judgment for obstetricians as it shows in precise detail how the court, relying on not just the experts’ evidence but a critical analysis of the literature on which they relied, decided whether the claimant would have avoided developing HELLP had she been advised to take 75 mg aspirin at 12 (or 14) weeks instead of at 23. Twelve publications were put under the microscope and considered also in the light of research concerning the relative value of aggregate data and individual participant data.

Although the issue in this case was the prevention of HELLP, it may be an important judgment to consider in pre-eclampsia cases.

De Francisci v Hampshire Hospitals NHS Foundation Trust (County Court, Basingstoke sitting at Southampton, 9 May 2024) Case No: F16YM828

Dating non-accidental injuries
Case Updates

Dating non-accidental injuries

There have been a number of cases illustrating how fractures are dated. This case illustrates the dating of haemorrhages as well as fractures. The judge’s structure of her judgment enables the reader to see how the analysis of the evidence of the various experts allowed her to find as fact how many incidents of non-accidental injury there were and when they occurred as well as with what force. Although there are no extracts from the experts’ reports or evidence, the judgment illustrates how properly presented expert medical evidence can assist the court in cases of suspected non-accidental injury. The dating of injuries can be of critical importance in cases, as here, where there was more than one potential perpetrator. 

London Borough of Y v M [2025] EWFC 232 (B) 

What caused the holidaymaker’s gastroenteritis?
Case Updates

What caused the holidaymaker’s gastroenteritis?

The detail of this judgment is for the specialists. It illustrates the challenges of proving that an infection has been caused by food poisoning at a hotel, and specifically the relevance of evidence as to other outbreaks in the area, trips out of the hotel, the records of illnesses suffered by other residents and audits of hotel food standards. The two learning points are oft-repeated ones and in this case of particular importance as some of the judge’s decisions depended on which expert’s evidence to accept.  

Rawson v TUI UK Ltd [2025] EWHC 2093 (KB) 

Investigating possible non-accidental injuries in children
Case Updates

Investigating possible non-accidental injuries in children

In this case of suspected non-accidental injuries to an infant, only one of the experts was required to give evidence. This was Professor Fleming and as the judge found that he gave his evidence in his characteristically understated and calm fashion and was precise, knowledgeable and reasonable in his evidence, it is set out here in full as a model.

The case also illustrates how the expertise of clinical geneticists, endocrinologists, haematologists, neonatologists, paediatricians and radiologists can all be necessary where non-accidental injury of a child is the issue.

Loose talk, snide remarks and the expertise of general practitioners
Case Updates

Loose talk, snide remarks and the expertise of general practitioners

This is an important case for three reasons.

First, it found that a general practitioner, giving evidence about the depressive disorder diagnosed in primary care, was giving expert evidence. Second, it illustrates the difficulties for courts and tribunals arising from the looseness with which some medical professionals, and most laypeople, use such terms as "depression" ("clinical" or otherwise), "anxiety" and "stress" and to which list can be added, also for the benefit of surgeons, “shock”. Third, it is a good illustration of the approach likely to be taken in an Employment Tribunal disability case.

J v DLA Piper UK LLP [2010] UKEAT 0263 09 1506

What does deterioration mean?
Case Updates

What does deterioration mean?

In this case the issue was the extent or degree of the deterioration, its real world impact in terms of effect on daily life and ability to cope and the mitigating effects of help and treatment. 

Singh v The Secretary of State for the Home Department [2025] UKAITUR UI2024000275 

Failed extraction of a wisdom tooth
Case Updates

Failed extraction of a wisdom tooth

Although this is a case of alleged dental negligence and can be usefully read in full not only by dental experts, but by dentists, oral surgeons and students of dentistry, it is also of some general significance not just for experts who provide evidence in Scotland, for whom the exposition of Scots negligence law is invaluable and civil procedure significantly different, but for lessons about expert evidence in clinical negligence cases generally.

Gallagher v Clement (National Personal Injury Court) [2025] SCEDIN 035

Extradition and suicide risk
Case Updates

Extradition and suicide risk

This case is important for two reasons. It illustrates that having “no control over actions” and “not making a rational decision" to end his life can be construed as satisfying Turner proposition 4. It makes clear that Turner proposition (4) is not directed at the general background or lead-up to a suicide attempt but is focused on the moment in time when suicide is attempted.

Hebda v District Court in Krakow, Poland [2025] EWHC 860 (Admin)

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