This case illustrates a number of difficulties for the adult victims of childhood sexual abuse. Diagnoses of psychiatric disorder in childhood have to be made retrospectively. Contemporaneous records may be missing, incomplete or insufficiently detailed. Even where the only adverse childhood experience is the sexual abuse, it is difficult to prove that the victim’s subsequent trajectory in life has been any different to what it would have been but for the sexual abuse.

DBAK v The Governors of the Fettes Trust [2026] CSOH 5

The claimant was involved in a minor road traffic accident while she was the passenger in a car driven by her partner, who was the defendant’s insured. She claimed compensation for whiplash and psychological symptoms. The judge described the report of the physiotherapist expert witness who acted for the claimant as almost worse than useless and aspects of her evidence as literally unbelievable

Clark v Skyfire Insurance Company Limited, Canterbury County Court, 12th November 2025 

The expert acting for the appellant had appeared before the Valuation Tribunal for England as advocate and expert for the appellant, and he continued to represent the appellant in its appeal before the Upper Tribunal (Land Chamber) until counsel was instructed close to the date of the hearing. The Tribunal noted that experts in these circumstances must take particular care to acknowledge their position and explain how compliance with the duties of an expert has been achieved.

Espresso Rooms UK Limited v Nicola Johnson [2026] UKUT 70 (LC)

Shortly after the close of the trial, the Claimants sought permission to rely on a short further addendum report from their expert in PRC law, Mr X. The Judge refused the application on the grounds that it would not be fair or proportionate to admit further expert evidence from Mr X.

Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

The first article in the series is by Richard Black and Jennifer Fitzmaurice from Eversheds Sutherland on their experience of working with expert witnesses in the construction industry. 

The Civil Justice Council (‘CJC’) has published an Interim Report and Consultation on the Use of AI for preparing court documents. The focus of the consultation paper is whether court rules are required to regulate the use of AI by legal representatives. However, the consultation also examines whether the use of AI by experts should be subject to court rules, with specific proposals set out in Part 8 of the consultation document.

The claimants, who own a property adjoining with the properties of the defendants, complained that the defendants engaged in various acts of trespass on, and damage to, their property. The claimants’ expert, who replaced a retiring expert, referenced and relied on a key, but erroneous, “fact” in his predecessor’s report without checking it.

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she tells us what she loves about her work and how her clinical and medicolegal roles come together to complement one another.

The claimant alleged that the second defendant, a Spanish racing driver, had repudiated a binding agreement under which he was contracted to drive for the claimants’ IndyCar team for the 2024, 2025 and 2026 racing seasons. The judge found some of the expert witnesses to be impressive and independent, while the expert evidence of others was unimpressive and disappointing.  

The case was a group litigation concerning extensive oil pollution which affected two regions in the Niger Delta in Nigeria. The judge rejected the strident criticism of the experts who were called to provide evidence on aspects of Nigerian law.