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.

The Claimant alleged that an accident five years earlier was the cause of the amputation of his lower leg. The judge criticised the Claimant’s orthopaedic expert, Professor H, for demonstrating at times a rather ‘loose approach’ to his expert evidence and a closed mindedness towards his evidence.

The Civil Procedure Rule Committee is undertaking a consultation regarding the effectiveness of the extension of Fixed Recoverable Costs (FRC), inviting feedback as part of an evidence-gathering initiative conducted in collaboration with the Ministry of Justice (MoJ). You can input into the EWI response by completing a survey of the consultation questions. 

It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. 

Perrin v Walsh (Rev1) [2025] EWHC 2536 (KB)

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 the Pro Bono Expert Support Scheme with Emily Sherratt, Project Director of the National Pro Bono Centre, and James Goldsmith KC from One Essex Court. Find out about acting as a Pro Bono Expert Witness under the Scheme, how it works, the benefits, and how you can get involved if you are interested. 

The Claimant’s father and litigation friend alleged that the medical practitioners treating his son were negligent in not promptly carrying out an ultrasound on his head, after he had been admitted to hospital with head injuries. The judge found that the expert for the Claimant was, to an extent, seeking to fight his corner rather than taking a dispassionate approach to the issues raised.

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the experience of our members, and the needs of the expert witness community and the wider justice system. In this update, we discuss policy developments and our advocacy work over the last few months.   

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit Commercial Court of the King’s Bench Division and the Financial List (Commercial Court and Chancery Division).

The appellant is a citizen of Iraq. He appealed against the decision of a First-tier Tribunal Judge who dismissed his appeal against the respondent's decision to refuse his protection claim. The appellant raised three grounds of appeal including that the Judge failed to properly take into account the medical evidence.The Upper Tribunal found that it was clear from the Tribunal Judge's decision that he rejected the medical evidence in a comprehensive and detailed way. This was not, contrary to the grounds of appeal, the Judge ignoring the medical evidence when he was making his credibility findings. As such the Tribunal found that the Judge did not materially err as advanced, and his decision stands.

JK v The Secretary of State for the Home Department [2025] UKAITUR UI2024003446

The Annual Sir Michael Davies Lecture for 2025 was held on 15 October at the RAF Club in London. The Right Honourable Lady Simler, Justice of the Supreme Court, delivered an insightful lecture on Enhancing Expert Evidence: Reports, Opinions, and Judicial Perspectives, which was summed up perfectly by EWI Chair Sir Martin Spencer as the blueprint for providing the best written and oral expert evidence.