The Court excluded consideration of the expert testimony of an expert on the dangers of AI and misinformation, after he submitted an expert declaration which included fake AI-generated citations to two academic articles.

Kohls v. Ellison, 2025 WL 66514 (D. Minn. Jan. 10, 2025)

The two handwriting experts in this case were given completely different samples of comparator signatures and did not undertake the same task. The judge noted that it was extraordinary and unsatisfactory that the defendants’ expert was provided with comparator signatures which were not the person’s normal signature and was then instructed to assume they were authentic.

This case concerns the treatment of an ankle injury. Although the orthopaedic experts expressed fundamentally opposing views concerning the appropriate management of the injury and the court did have to resolve some issues by deciding whose evidence to accept, an unusual feature of this case was the significance of the fact that the evidence of the defendant orthopaedic surgeon evolved and developed during the course of the forensic process leading the court to the irresistible conclusion that the defendant's witness statement and his account at trial were almost certainly an amalgam of what the defendant thought and his expert’s opinion of which parts were found to have been copied and pasted into his witness statement. So, the court found that the defendant's account of his reasoning and recollection had been, no doubt unwittingly, influenced by expert opinion.

Ebanks-Blake v Calder [2025] EWHC 3327 (KB) 

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the experience of our members, and the needs of the expert witness community and the wider justice system. In this update, we discuss key policy developments and our advocacy work over the last couple of months. 

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness world; what motivates him; and shares his observations and advice for Experts from all professions.

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a couple of recent cases, and offer some advice, before hearing the thoughts of some of the members of our Editorial Committee. We also discuss our new Guidance which is linked below. 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. 

The claimant, who suffered brain damage at birth, relied on a report commenting on the allegation of negligence prepared by Mrs S, a midwife. The judge was concerned about the objectivity of Mrs S’s expert evidence because she was heavily involved in the business of litigation and gave evidence which he considered was uncompromisingly critical of the defendant.

The details of this case are for gastroenterologists and psychiatrists. The learning points are of general application and although made by an expert in their first case, they reflect mistakes made by some more experienced experts who should know better.

Patricia's Father v Patricia (Rev1) [2025] EWCOP 30 (T3)

The judge found that the report by the claimants’ forensic accounting expert was not expert evidence because it simply reported what the underlying documents said in a more digestible way, without adding any expert opinion. On the one or two occasions where the expert did offer an opinion, they were not opinions on any accountancy matter.

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2025, a year where Expert Witnesses have continued to come under increasing scrutiny.