The Claimant brought a claim for compensation in the UK after he was hit by an uninsured driver while on holiday in Mallorca and suffered major injuries, including severe brain injuries. The court found the evidence of several of the experts to be unsatisfactory leading the judge to preface his assessment of the expert witnesses with the observation that “[t]he court is not bound by the conclusions of any expert if it offends logic and common sense. We do not have trial by experts.”

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.

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. 

For paediatricians this is an example of how not to conduct an expert paediatric assessment and present the results to the court. It also illustrates some basic points applicable to all experts.

M v F [2025] EWFC 150 (B)

Mrs Justice Joanna Smith provides an incredibly useful judgment following the hearing at the High Court in March of this year. Previous case law and legal tests for gross misconduct were addressed and applied given that such allegations underpinned the case.  The parties adduced expert evidence to establish the value of shares on the assumption that warranties had been breached.This update focuses on both experts’ evidence given that the approaches were significantly different and that one was clearly preferred over the other.      

Inspired Education Online Limited -v- Tom Crombie [2025] EWHC 1236 (Ch). 

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a successful challenge of an expert’s decision in the context of a concession agreement for sporting events. 

The claim was initiated as a High Court claim for declaratory relief under Part 8 of the Civil Procedure Rules.  The judgment was released in January of this year having been heard by Paul Mitchell KC last December. 

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the reasons why she was not impressed by the claimant’s expert and treated his evidence with significant caution.

MJS Projects (March) Limited v RPS Consulting Services Limited [2025] EWHC 831 (TCC)

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.

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related to AI in the legal sector, hear from EWI member and computer expert Richard Marshall, listen to some of the ways AI is currently being used by Expert Witnesses, and discuss some dos and don'ts when using AI. As usual, we begin with our segment on 'What's going on at EWI?' and end with 'Newsreel', a quick fire discussion of the key things you need to know this month.