The judgement from The Honourable Mr Justice Trower asserts that Expert Witnesses have a duty to disclose previous criticisms of their evidence in judgments.

The Claimant sought damages for clinical negligence from the Defendant who, she asserted, failed to diagnose red flag symptoms of cauda equina syndrome at a face to face consultation. The Claimant’s neurorehabilitation expert prepared his reports, engaged in an expert discussion, and signed the Joint Statement, without having seen the Claimant’s witness statement or the reports of other relevant experts.

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from EWI's 2025 Annual Conference which was held on 20 June. The Conference featured a great line-up of panels and speakers, with keynote speeches from Lady Rose, Justice of the Supreme Court, and Lord Justice Birrs, the Deputy Head of Civil Justice. A wide range of lawyers, judges and expert witnesses joined the panel sessions, and EWI member Dr Richard Marshall provided an insightful session on AI and the Expert Witness. You can also check out 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. 

The Board’s view is that tracked changes can blur the line between proper requests for clarification and attempts to edit the expert’s evidence. In our opinion, that line is much easier to maintain when feedback is given in a separate letter or email.

Few reported cases assist as to expert evidence in cases of harassment and on the issue of injury to feelings as distinct from psychiatric injury. This summary should be read for this reason. It illustrates how the expert should respond to less than neutral instructions. It illustrates how cardiological evidence was analysed in order for the court to conclude that the defendant’s course of conduct had caused a myocardial infarction. It also reveals the charitable aspect of pro bono legal practice.   

Wei v Long [2025] EWHC 912 (KB)

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his expertise as an Expert Witness and shares his advice for others considering joining the Expert world.

The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small farm neighbouring their property. While the judge accepted some of the claimants’ criticisms of one of the defendants’ experts, he also noted that the claimants could not complain about the consequences of their putting in new evidence that was not in accordance with the timetable laid down at the CCMC.

The Claimant claimed he had suffered a substantial loss due to the destruction of two consignments of poppy heads by the Defendants. The parties were given permission to rely on the written evidence of expert accountants. The Claimant made an application to the Court for the accountancy expert witnesses to give oral evidence at the trial and an application to adduce evidence prepared by his son.

This was a significant and well reported patent case which was determined in the Intellectual Property List within the High Court last autumn.   

The technical aspects of the case required significant expert input from the panel involved.  The cross-examinations performed by leading Counsel for the parties were lengthy and complicated.  This led to confusion over what evidence was given when the transcripts were re-visited on subsequent trial days. The case shows how consideration should be given to experts who are being cross-examined so not to overload them with questions and information on the stand.

While there are many respectable and legitimate expert witness agencies who provide brilliant support to the expert witnesses who work with them, the EWI has had continuing reports of the activities of some unethical agencies who prey upon experts who do not have a good understanding of expert witness work or who may be vulnerable to such approaches for other reasons. We do not want any expert to fall victim to an unscrupulous agency, so we have prepared a short guide setting out the red flags to watch out for in the approach of an unethical agency and, conversely, the sorts of positive signs to expect from a respectable and legitimate agency, including a quick checklist to complete.