Case Updates

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.

A section of this judgment is headed ‘Directions concerning the medical expert’. There was no medical expert in this case. There was a report from a psychotherapist. The psychotherapist in question is not registered with the General Medical Council or the Health and Care Professions Council, and it appears that she is not registered with the UK Council of Psychotherapy or the British Association of Counselling and Psychotherapy. This had been an issue in Dosti v SSHD [2002] UKIAT 04021 at §11 where it is stated that there was some doubt as to whether an accredited psychotherapist was an appropriate person to give an expert report on the psychiatric health of a claimant. In this case the tribunal had no evidence as to any accreditation whatsoever. 

Iqbal v The Secretary of State for the Home Department [2025] UKAITUR UI2023001320

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 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.

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 Claimants alleged that dust, noise and odour emitted by the defendant’s factory over a prolonged period constituted a legal nuisance. The judge was critical of the Claimants’ experts for departing from the initial common approach when the initial results had been adverse to their clients’ case.

There are some general learning points for all experts but otherwise this is for neurosurgeons. It is another road traffic accident personal injury case in which the court needed the assistance of neurosurgeons, or at least it would have done but for the fact that it made a finding which made it unnecessary to consider the neurosurgical evidence before reaching a judgment. The nature of the injuries sustained by the claimant were not in dispute. What was in dispute, but ultimately irrelevant, was what the child’s injuries would have been if the driver of the vehicle had been driving (non-negligently) at a lower speed than he was. It was on this point that the neurosurgical experts disagreed.

MW v Wilkinson [2025] EWHC 2300 (KB) 

The person insured by the defendant drove his motorcycle into the pursuer’s parked lorry causing the pursuer, who claimed he was standing on the steps of the lorry on one foot and leaning on the cab, to allegedly lose his balance and suffer injuries. The defendant led an expert witness, Mr H, who presented himself as a Forensic Engineer, and the pursuer an Orthopaedic expert, Mr S. 

The Sherrif concluded that he could not afford Mr H’s conclusions more than minimal weight because of a failure of methodology. Mr H had also expressed his conclusions in terms that gave the appearance that he was the decision-maker and made concessions during cross-examination. The Sherrif found Mr S to be a credible and reliable witness overall but noted that he was not clear when describing his fee arrangements. 

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)

The claimant asserted that the defendant was required to transfer title in a vessel at the expiry of the bareboat counterparty between them. The judge noted that the claimant’s witness on insurance broking had essentially no experience in the matter for expert evidence and his views appeared to be based on conversations with unidentified others, rather than his own experience of testable research.