Case Updates

The claimant brought an action against two of its founding shareholders, and companies owned or controlled by them, seeking compensation for harm caused by their alleged participation in a fraudulent scheme. The forensic accounting expert for the first defendant failed to inform the court, until shortly before he gave evidence, that he had ceased to hold a key professional membership.  

JSC Commercial Bank Privatbank v Igor Valeryevich Kolomoisky & Ors [2025] EWHC 1987 (Ch)

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.

The Claimant brought a claim for compensation in the UK after he was hit by an uninsured driver while on holiday in Mallorca and suffered major injuries, including severe brain injuries. The court found the evidence of several of the experts to be unsatisfactory leading the judge to preface his assessment of the expert witnesses with the observation that “[t]he court is not bound by the conclusions of any expert if it offends logic and common sense. We do not have trial by experts.”

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.

The Claimant sought damages for clinical negligence from the Defendant who, she asserted, failed to diagnose red flag symptoms of cauda equina syndrome at a face to face consultation. The Claimant’s neurorehabilitation expert prepared his reports, engaged in an expert discussion, and signed the Joint Statement, without having seen the Claimant’s witness statement or the reports of other relevant experts.

For paediatricians this is an example of how not to conduct an expert paediatric assessment and present the results to the court. It also illustrates some basic points applicable to all experts.

M v F [2025] EWFC 150 (B)

Mrs Justice Joanna Smith provides an incredibly useful judgment following the hearing at the High Court in March of this year. Previous case law and legal tests for gross misconduct were addressed and applied given that such allegations underpinned the case.  The parties adduced expert evidence to establish the value of shares on the assumption that warranties had been breached.This update focuses on both experts’ evidence given that the approaches were significantly different and that one was clearly preferred over the other.      

Inspired Education Online Limited -v- Tom Crombie [2025] EWHC 1236 (Ch). 

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a successful challenge of an expert’s decision in the context of a concession agreement for sporting events. 

The claim was initiated as a High Court claim for declaratory relief under Part 8 of the Civil Procedure Rules.  The judgment was released in January of this year having been heard by Paul Mitchell KC last December. 

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the reasons why she was not impressed by the claimant’s expert and treated his evidence with significant caution.

MJS Projects (March) Limited v RPS Consulting Services Limited [2025] EWHC 831 (TCC)

This was a significant and well reported patent case which was determined in the Intellectual Property List within the High Court last autumn.   

The technical aspects of the case required significant expert input from the panel involved.  The cross-examinations performed by leading Counsel for the parties were lengthy and complicated.  This led to confusion over what evidence was given when the transcripts were re-visited on subsequent trial days. The case shows how consideration should be given to experts who are being cross-examined so not to overload them with questions and information on the stand.