Case Updates

The case concerned around 40 studio recordings of performances which were given by the members of the Jimi Hendrix Experience. The expert witnesses in New York law were commended by the judge on their written and oral evidence. The judge was not persuaded by any of the criticisms of the claimants' expert made by the defendant.  

Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Limited [2026] EWHC 983 (Ch)

The claimant asserted misrepresentation and breach of a collateral contract by the defendant in respect of the supply of a vertical diamond cutting lathe for the claimant’s car wheel repair business. The judge found that the accountancy reports were not expert evidence but simply aids to understanding the details in a complex case.

The judgment dealt with two test cases and a number of generic issues arising from a series of claims brought by former members of the military for damages for noise induced hearing loss (‘NIHL’). The judge preferred the evidence of the defendant’s employment expert who had more relevant experience and knowledge and engaged more critically with the evidence.  

This case, in the Court of Protection, concerned whether a wealthy, elderly man lacked capacity. The judgment dealt primarily with an application by respondents 2-7 to replace the jointly instructed expert with a new expert or, at the very least, permission for them to instruct their own expert.   

The judge did not find grounds to end the Single Joint Expert’s instruction but was satisfied that permitting respondents 2-7 to obtain a further report was appropriate in this particular case.

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 dispute was between a former husband and wife, who were Russian nationals, about a post-nuptial agreement. The judge found that much of the expert evidence on Russian law was misdirected and misspent, and of limited use. He emphasised that both experts acted at times as surrogate advocates on behalf of their instructing parties.

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.

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.