Case Updates

I have Dyslexia, what advice would you suggest to help with report writing?

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40 years, advising on cases relating to water quality, land contamination and corrosion.

Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.

This case is primarily of interest to obstetricians, illustrating the court’s approach to the disputed interpretation of cardiotocographic evidence. There were no midwifery issues as such, but it may be of some interest to midwifery experts. The general learning points speak for themselves without reading the summary.

Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)

The judge noted that that the manner in which two Expert Witnesses in Chartered Surveying gave their evidence was more advocacy than opinion, with one expert’s report reading more like a skeleton argument.

In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.

The court considered that there was some substance to the criticisms of an accident and emergency expert for not dealing with matters in his primary report which he then agreed in the joint report with the opposing expert (who had included the issues in his primary report). These were however criticisms for failing to deal with points, rather than criticisms of the opinions he actually expressed in his primary report.

In this appeal of an asylum decision, the court was unable to discern sustainable and tolerably clear reasons as to why the judge rejected the expertise of the expert witness and his expert opinion provided in his report.

The claimants, who claimed to have suffered personal injury caused by contaminants in a housing development, relied on the evidence of Professor T. The court found that Professor T did not provide any medically reasoned justification which would allow the court to make findings supporting his conclusions and did not explain in detail how he was able to reach his view on causation. The detail of this judgment is important for toxicology experts. It may be useful for medical experts as an example of the courts’ approach to causation.

Pelosi v Lanarkshire Housing Association Ltd [2024] ScotCS CSOH 56

Tom Magner provides independent technical assistance as an Expert Witness. Specialising in the forensic investigation of mechanical, electrical, and chemical incidents, Tom has carved out a niche working on holiday and travel claims in civil cases and, on occasion, fatal incidents in foreign criminal courts. He gives us an insight into his varied career; explains why he now speaks native-level Spanish; and shares his tips for going to court.