Case Updates

The Secretary of State for the Home Office was appealing the decision of the First Tier Tribunal (‘FTT’) to allow the Respondent’s appeal on Article 2 and 3 ECHR grounds against his deportation to Afghanistan. The Home Office did not seek to challenge the Respondent’s experts by requiring either of the experts to attend for cross-examination.

The claimant was involved in a minor road traffic accident while she was the passenger in a car driven by her partner, who was the defendant’s insured. She claimed compensation for whiplash and psychological symptoms. The judge described the report of the physiotherapist expert witness who acted for the claimant as almost worse than useless and aspects of her evidence as literally unbelievable

Clark v Skyfire Insurance Company Limited, Canterbury County Court, 12th November 2025 

The expert acting for the appellant had appeared before the Valuation Tribunal for England as advocate and expert for the appellant, and he continued to represent the appellant in its appeal before the Upper Tribunal (Land Chamber) until counsel was instructed close to the date of the hearing. The Tribunal noted that experts in these circumstances must take particular care to acknowledge their position and explain how compliance with the duties of an expert has been achieved.

Espresso Rooms UK Limited v Nicola Johnson [2026] UKUT 70 (LC)

In this case, the Family Court makes clear the position with regard to people who describe themselves as psychologists but are not (a) regulated by a UK statutory body; or (b) on a register accredited by the Professional Standards Authority for Health and Social Care; or (c) regulated by an approved regulator under the Legal Services Act 2007.     

Y (Experts and Alienating Behaviour: The Modern Approach), Re [2026] EWFC 38

Shortly after the close of the trial, the Claimants sought permission to rely on a short further addendum report from their expert in PRC law, Mr X. The Judge refused the application on the grounds that it would not be fair or proportionate to admit further expert evidence from Mr X.

The claimant alleged that the second defendant, a Spanish racing driver, had repudiated a binding agreement under which he was contracted to drive for the claimants’ IndyCar team for the 2024, 2025 and 2026 racing seasons. The judge found some of the expert witnesses to be impressive and independent, while the expert evidence of others was unimpressive and disappointing.  

This case illustrates the factors taken into account in Scotland in deciding whether to grant an application for certification of an expert which is necessary if the charges of a skilled person are to be recovered from other parties by way of judicial expenses.

Grant v Lothian Buses LTD [2025] CSOH 98

The case was a group litigation concerning extensive oil pollution which affected two regions in the Niger Delta in Nigeria. The judge rejected the strident criticism of the experts who were called to provide evidence on aspects of Nigerian law.

It appears that in this case an expert recommended the appointment of an intermediary without understanding the role of an intermediary. The court did accommodate proper breaks and ensured clear explanations as to the charges faced.

R v Sartip-Zadeh [2025] EWCA Crim 1250

The judge found that the report by the claimants’ forensic accounting expert was not expert evidence because it simply reported what the underlying documents said in a more digestible way, without adding any expert opinion. On the one or two occasions where the expert did offer an opinion, they were not opinions on any accountancy matter.