Case Updates

The guidance sets out the text that you should use in your declarations for work undertaken in England and Wales for the English and Welsh Criminal Courts.  

Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

In the second article in the series, Thomas Hamilton, a Senior Solicitor at Thompsons Solicitors, discusses his experience of working with expert witnesses in serious injury claims. 

The claimant was suing for the unpaid balance of the purchase price of assets used in its high-pressure aluminium diecasting business. The defendants’ expert received instructions that limited the scope of his investigation and analysis. While the judge accorded less weight to his evidence, he did not accept the claimant’s suggestion that the defendants’ expert ought to have either declined the instructions or proffered his opinion on wider valuation issues even in relation to issues outside of his instructions.

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points for expert witnesses. As always, you can also listen to our 'What's going on at EWI' and 'Newsreel' segments to keep up-to-date on the latest developments in the world of expert witnesses and expert evidence. 

This case illustrates a number of difficulties for the adult victims of childhood sexual abuse. Diagnoses of psychiatric disorder in childhood have to be made retrospectively. Contemporaneous records may be missing, incomplete or insufficiently detailed. Even where the only adverse childhood experience is the sexual abuse, it is difficult to prove that the victim’s subsequent trajectory in life has been any different to what it would have been but for the sexual abuse.

DBAK v The Governors of the Fettes Trust [2026] CSOH 5

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)

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.

Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

The first article in the series is by Richard Black and Jennifer Fitzmaurice from Eversheds Sutherland on their experience of working with expert witnesses in the construction industry. 

The Civil Justice Council (‘CJC’) has published an Interim Report and Consultation on the Use of AI for preparing court documents. The focus of the consultation paper is whether court rules are required to regulate the use of AI by legal representatives. However, the consultation also examines whether the use of AI by experts should be subject to court rules, with specific proposals set out in Part 8 of the consultation document.