In the fourth article in the Working with expert witnesses series, Michael Kingman from Setfords Solicitors, discusses his experience of working with expert witnesses in clinical negligence. 

In his March 2026 article, Thomas Hamilton provides a clear exposition of the expert's role and best practice in serious injury litigation when acting for claimants. In clinical negligence claims, the role of the medical expert is even more critical, as expert evidence is required on breach of duty, causation, and condition/prognosis. This article offers selective comments on the practice and procedure relating to medical evidence, based on the author's experience, with the aim of providing practical guidance and, where appropriate, prompting reflection.

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team of Expert Witnesses operating nationwide in housing disrepair claims. Here, he tells us how the business came about, why impartiality is everything, and what advice he would give to any surveyor considering Expert Witness work.

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service claims, and Court of Protection cases. Here, she tells us how she found her way into the role, what keeps her motivated, and the advice she would give to anyone considering the same path.

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. 

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. 

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case of Kolomoisky, and hear the thoughts and advice of the members of the EWI Editorial Committee. 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. 

You can listen to the Expert Matters Podcast on a number of podcast apps, including spotify and apple podcasts. 

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.  

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct legal proceedings, in this case sixteen sets of proceedings, the expert has to consider each set of proceedings. The person may have the capacity to conduct some and not others.

Johnston v Financial Ombudsman Service [2025] EWCA Civ 551

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go too far to prevent any accusation of bias or undue influence on appointed party’s expert, risking the expert’s ability to fully assist the Tribunal. Dr Linnell's article was originally published in the autumn edition of Expert Matters, EWI's membership magazine.