Case Updates

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 Civil Procedure Rule Committee is undertaking a consultation regarding the effectiveness of the extension of Fixed Recoverable Costs (FRC), inviting feedback as part of an evidence-gathering initiative conducted in collaboration with the Ministry of Justice (MoJ). You can input into the EWI response by completing a survey of the consultation questions. 

It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. 

Perrin v Walsh (Rev1) [2025] EWHC 2536 (KB)

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit Commercial Court of the King’s Bench Division and the Financial List (Commercial Court and Chancery Division).

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 Annual Sir Michael Davies Lecture for 2025 was held on 15 October at the RAF Club in London. The Right Honourable Lady Simler, Justice of the Supreme Court, delivered an insightful lecture on Enhancing Expert Evidence: Reports, Opinions, and Judicial Perspectives, which was summed up perfectly by EWI Chair Sir Martin Spencer as the blueprint for providing the best written and oral expert evidence.

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. 

This is an important judgment for obstetricians as it shows in precise detail how the court, relying on not just the experts’ evidence but a critical analysis of the literature on which they relied, decided whether the claimant would have avoided developing HELLP had she been advised to take 75 mg aspirin at 12 (or 14) weeks instead of at 23. Twelve publications were put under the microscope and considered also in the light of research concerning the relative value of aggregate data and individual participant data.

Although the issue in this case was the prevention of HELLP, it may be an important judgment to consider in pre-eclampsia cases.

De Francisci v Hampshire Hospitals NHS Foundation Trust (County Court, Basingstoke sitting at Southampton, 9 May 2024) Case No: F16YM828

There have been a number of cases illustrating how fractures are dated. This case illustrates the dating of haemorrhages as well as fractures. The judge’s structure of her judgment enables the reader to see how the analysis of the evidence of the various experts allowed her to find as fact how many incidents of non-accidental injury there were and when they occurred as well as with what force. Although there are no extracts from the experts’ reports or evidence, the judgment illustrates how properly presented expert medical evidence can assist the court in cases of suspected non-accidental injury. The dating of injuries can be of critical importance in cases, as here, where there was more than one potential perpetrator. 

London Borough of Y v M [2025] EWFC 232 (B)