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. 

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert Witness for over 30 years. He tells us why he still loves Expert work and shares his advice for those interested in getting into the field.

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate your opinion and the stages in the proceedings where re-evaluation is most likely to occur, before hearing from three senior judges on how re-evaluating your opinion can sometimes be positive for your expert evidence, but may also be disastrous. 

A psychiatrist whose evidence had often been admitted in capacity cases was assisted in this case of a hearing-impaired person by an interpreter who had British Sign Language (BSL) Level 1 training. Her assessment was subsequently criticised as she conducted the assessment without ‘suitable specialist learning support’.

For psychiatrists and psychologists, the case illustrates the importance, in the case of some hearing-impaired subjects, of being assisted, or of the assessment being carried out, by a psychologist or psychiatrist who has experience of the assessment and treatment of hearing-disabled people.

Oldham Metropolitan Borough Council v KZ (Rev1) [2024] EWCOP 72 (T3) 

The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding that the primary duty of an expert witness is not to say anything that may damage the instructing party’s case if it can be avoided.