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Advice notes are provided to members of the Expert Witness Institute in support of their work. They represent the Institute’s view of good practice in a particular area, and members are not obliged to follow them. They do not constitute legal or professional advice and should not be relied upon as a substitute for it. Whilst care has been taken to ensure that they are accurate, up to date, and useful, The Expert Witness Institute will not accept any legal liability in relation to them. If specific advice or information is required, then a suitably qualified professional should be consulted.

Benjamin Hetherington (by his father and litigation friend Gary Hetherington) v Raymond Fell & Anor [2025] EWHC 1487 (KB)
Sean Mosby 2297

Benjamin Hetherington (by his father and litigation friend Gary Hetherington) v Raymond Fell & Anor [2025] EWHC 1487 (KB)

bySean Mosby

 

Summary

The judge found that an expert on risk assessment adopted an overly strict and slightly unrealistic approach in assessing the adequacy of a risk assessment conducted by a cycling club.

Learning points

  • You should double check the correctness of any calculations performed by others on which you intend to rely.

  • When providing an opinion on the standards that the Defendant should have met, you should show that you have considered the nature and size of the Defendant’s organisation and the activity it is involved in.

  • The judge may be more persuaded by the expert evidence that they consider to be more grounded in a realistic approach.

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