The Claimant, on her solicitor’s advice, covertly recorded her testing by the Defendant’s neuropsychological expert. Weighing up the factors in favour of admitting the evidence and against admitting it, the judge considered that they were very finely balanced and quite difficult and that he may well have ruled that the evidence could not be relied on, if the Defendant’s expert had not himself inadvertently recorded the testing.

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to expert evidence in the Tribunal, including general principles applicable to the evidence of any expert, as well as certain specific principles applicable to economic evidence. 

The Claimant defaulted on a loan secured by a mortgage on a warehouse building. It disagreed with the Receiver's approach to marketing the building and applied unsuccessfully to the Court for an order giving it conduct of the mortgagee sale. It's subsequent appeal to the Court of Appeal included appealing the Judge’s refusal of expert evidence. The Court of Appeal upheld the Judge’s decision as it was not clear how the report would provide any real assistance with resolving the question before the Judge of whether the conduct of the sale should be taken away from the Receivers.

Retiring from your role as an expert witness is a significant decision that requires careful consideration and planning. The EWI has published new Guidance setting out the important steps and factors to consider as you prepare for retirement.

The Civil Procedure Rule Committee's Access to Public Domain Documents Pilot will run from 1 January 2026 to 31 December 2027. You can familiarise yourself with the Pilot by reading our Guidance and watching our Webinar (free to EWI Members, otherwise available on the Webshop).

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 the course of the year. We also check out how our predictions for 2025 turned out, before having another go for 2026 and hearing the 2025 highlights from some of the members of our Editorial Committee. 

The Claimants brought an action against the Defendant, the Secretary of State for Education, for negligence and misfeasance in public office, relating to the actions of the Skills Funding Agency (‘SFA’), for which the Defendant is responsible. The Claimants alleged that the acts of SFA prevented them from selling their business for around £27 million, plus a lost chance of converting around £10 million in rollover loan notes.

The Defendant issued an application to revoke the Claimants’ permission to rely upon their forensic accounting expert evidence, because it had become clear that one of the Claimants, who was a trained accountant, had had significant secret involvement in the preparation of the expert’s report and the Joint Statement.

The pursuer’s vehicle was stationary at a red light when the defender’s insured collided with him, causing soft tissue injuries to his neck, lower back and shoulder. The court commended the defender's expert for changing his opinion on whether a collison had occured after he was shown additional photographs during his examination-in-chief.

We are reposting our update on the Fixed Recoverable Costs Stocktake Consultation. It is important for the Civil Procedure Rule Committee's Stocktake to be fully informed by the knowledge and experiences of expert witnesses, so do please take the time to complete our survey with the consultation questions by 21 December 2025.

The Petitioner, who was one of 15 candidates in an English Parliamentary By-Election, alleged that his vote count of 50 was fraudulently pre-determined. The expert statistician for the Petitioner based his opinion solely on the evidence of the Petitioner, which was contested. He was unaware of the contents of the Respondents’ witness statements and had not taken them into account.