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. 

The complexities of this case required both parties to engage expert quantity surveyors.  Both sides approached their instructions to their expert from different angles which caused difficulties at trial.  This explained why the valuations were worlds apart (or as the judge commented they had a “manifestly excessive difference”) and needed some careful scrutiny and assessment by the judge. Whilst the approach of examining both valuations is very case specific, there are some fundamental tests which can be taken away.  An objective test was used several times as a benchmark looking at the scope of works that a ‘reasonable owner’ or ‘purchaser’ would require.  The key legal issue of “proportionality” was also visited frequently throughout the assessment of valuations. 

Iya Patarkatsishvili & Anor v William Woodward-Fisher [2025] EWHC 265 (Ch)

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you, don't miss the great advice in this month's episode where we talk to the wider EWI team on expert witness training, how to become an EWI member, and the key next steps to get your practice up and running, from setting up your business, terms and conditions, and insurance to sorting out your CV, marketing strategy and web presence.

The Expert Witness Institute (EWI) is excited to announce a refresh of its core training offering.

In this US case, an expert in fiduciary services used Microsoft’s Copilot to cross-check calculations he used in expert evidence. He was unable to recall the prompts he used, state the sources Copilot relied on, or explain how the tool worked and arrived at its outputs. The judge provided some useful insight into the challenges with using AI in expert evidence. 

Successful Certification candidates receive their certificate from Lord Hodge.

The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports.

Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)

Gareth Jenkins gave evidence to the Post Office Horizon IT Inquiry from 25 to 28 June on the expert evidence he provided on the Horizon IT system. Mr Jenkins told the Inquiry that he had been unaware of his duties as an Expert Witness and had not been offered any training to support his role. The EWI offers comprehensive training on the core competencies of an Expert Witness. We urge policy and rule makers, and the judiciary, to consider how to ensure that Expert Witnesses fully understand their duties and know how to apply them.