In this month's episode of the Expert Matters Podcast, we explore recent developments in Transparency and Open Justice. You can also catch 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 case was a claim in negligence arising out of complications following bariatric surgery. When he was asked during cross-examination to explain the Bolam test, the Claimant’s expert was not able to demonstrate an accurate understanding of, or ability to explain, the test.

One of the important differences between Ireland and other British Isles jurisdictions is in the procedures followed in personal injury litigation. This case is illustrative. If the plaintiff had brought his case in England or Wales, how would this case have progressed?

Keogh v O'Keeffe [2025] IEHC 26

Vanessa Jane Davies is the founder of Skin Camouflage Services, an independent expert practice offering paramedical skin camouflage, non-invasive scar therapy, and Expert Witness services. The UK’s most experienced provider of Expert Witness opinion on paramedical skin camouflage, Vanessa has provided expert testimony in over 650 cases. She tells us more about her fascinating line of work and why she finds Expert Witness work so rewarding.

The EWI has just released its new Guidance on Being instructed as a Single Joint Expert with invaluable and easily accessible information and advice for members who act as a Single Joint Expert. 

The Lady Chief Justice has issued the fourth amendment to the Criminal Practice Directions 2023 which includes changes to chapter 7 (Expert Evidence), including amendments to expert declarations of compliance.

A mother applied to set aside what she submitted were findings made five years ago by a district judge concerning the party’s two children in reliance upon a report prepared by Ms G. The court found that there was no doubt at all that the harm that Ms G put forward arose, in her view, from what she regarded as the mother’s behaviour in alienating the children. Ms G had carried out an assessment of the mother which included her own attachment and other behaviours, but that did not form a finding of fact about how the mother actually behaved. Therefore there were no findings with a solid foundation that the mother alienated the children even though the judge expressed it as such, and accordingly no findings to actually set aside.

The Claimant alleged that an accident five years earlier was the cause of the amputation of his lower leg. The judge criticised the Claimant’s orthopaedic expert, Professor H, for demonstrating at times a rather ‘loose approach’ to his expert evidence and a closed mindedness towards his evidence.

The Civil Procedure Rule Committee is undertaking a consultation regarding the effectiveness of the extension of Fixed Recoverable Costs (FRC), inviting feedback as part of an evidence-gathering initiative conducted in collaboration with the Ministry of Justice (MoJ). You can input into the EWI response by completing a survey of the consultation questions. 

It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. 

Perrin v Walsh (Rev1) [2025] EWHC 2536 (KB)