At a recent Frontier Economics Litigation event, the President of the Competition Appeal Tribunal, The Honourable Mrs Justice Bacon, warned that advocate economists, or economists who ignore obvious analytical points adverse to their client, were not helpful to the Tribunal and self-defeating for the expert.

The Claimant suffered serious injuries in a road traffic accident after the Defendant, who was driving out of a side road, collided with the Claimant’s motorbike. Despite being aware of surveillance evidence before preparing his last report, the Claimant’s orthopaedic expert did not reveal his true opinions on the Claimant’s malingering until cross-examination.

Grant Greening-Steer v Derek Ainge [2026] EWHC 1239 (KB)

The EWI has just published its new guide to Becoming and Expert Witness. Written by EWI Member Paul Beckett, the guide is aimed at those who are considering undertaking, or who have just begun undertaking, Expert Witness work.

The parties disagreed on the extent of the repairs required to the joists, and the manner in which the repairs should be effected, following the collapse of part of the ceiling in a building owned by the Claimant and partly leased by the Defendant. The Judge found that the Defendant’s expert’s failure to engage with all the available evidence and to seek to undertake a fuller examination of the joists meant that his evidence did not fully address the issues before the court.

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 especially transitioning from one to the other, with three guests who share their experiences and extremely helpful advice. We also briefly look at the role of the expert advisor when there is a Single Joint Expert, and assessors and scientific advisors. And, of course, as always, you can also listen to our 'What's going on at EWI' and 'Newsreel' segments to keep up-to-date on the latest developments in the world of expert witnesses and expert evidence.

The case focussed on the validity of a will and codicil made by a wealthy lady, Mrs MacDougall, as well as a number of substantial gifts and transactions made in the years before her death. Both parties called experts in Old Age Psychiatry to provide evidence on issues of testamentary capacity, as well as Mrs MacDougall’s vulnerability to undue influence.

The case concerned around 40 studio recordings of performances which were given by the members of the Jimi Hendrix Experience. The expert witnesses in New York law were commended by the judge on their written and oral evidence. The judge was not persuaded by any of the criticisms of the claimants' expert made by the defendant.  

Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Limited [2026] EWHC 983 (Ch)

The claimant asserted misrepresentation and breach of a collateral contract by the defendant in respect of the supply of a vertical diamond cutting lathe for the claimant’s car wheel repair business. The judge found that the accountancy reports were not expert evidence but simply aids to understanding the details in a complex case.

From March to June 2025, the Family Procedure Rule Committee held a consultation on new Family Procedure Rule 25.5A concerning the instruction of unregulated experts. The Committee has now indicated that changes to the FPR on unregulated experts in children proceedings will be included in the next statutory instrument, expected in July, alongside the corresponding practice direction changes.

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 the themes from expert witness conferences in 2025, including talking to Holly King about 'How to reduce the re-traumatisation of claimants in medico-legal litigation claims', consider the programme for our 2026 conference, and introduce a new segment on the podcast called 'A case that changed me'. As always, you can also listen to our 'What's going on at EWI' and 'Newsreel' segments to keep up-to-date on the latest developments in the world of expert witnesses and expert evidence.