The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.

In this case the issue was the extent or degree of the deterioration, its real world impact in terms of effect on daily life and ability to cope and the mitigating effects of help and treatment. 

Singh v The Secretary of State for the Home Department [2025] UKAITUR UI2024000275 

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the practical and professional development that comes with EWI involvement. They unpack what EWI does, who it is for, the kinds of support and training we offer, and why being part of EWI could be a game changer for your expert witness career. Don't forget to also check out 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 judgement from The Honourable Mr Justice Trower asserts that Expert Witnesses have a duty to disclose previous criticisms of their evidence in judgments.

The Claimant sought damages for clinical negligence from the Defendant who, she asserted, failed to diagnose red flag symptoms of cauda equina syndrome at a face to face consultation. The Claimant’s neurorehabilitation expert prepared his reports, engaged in an expert discussion, and signed the Joint Statement, without having seen the Claimant’s witness statement or the reports of other relevant experts.

The House of Commons, Justice Committee has published a Call for Evidence for its Inquiry on Access to Justice. The Inquiry will examine how advice and legal services are adapting to secure access to justice across civil, criminal, and family law, and the impacts of the cyber-attack on the Legal Aid Agency.

Although this is a case of alleged dental negligence and can be usefully read in full not only by dental experts, but by dentists, oral surgeons and students of dentistry, it is also of some general significance not just for experts who provide evidence in Scotland, for whom the exposition of Scots negligence law is invaluable and civil procedure significantly different, but for lessons about expert evidence in clinical negligence cases generally.

Gallagher v Clement (National Personal Injury Court) [2025] SCEDIN 035

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled people in personal injury and clinical negligence litigation. Here, she tells us how she became an Expert Witness and why her work continues to inspire her.   

The judge found that an expert on risk assessment adopted an overly strict and slightly unrealistic approach in assessing the adequacy of a risk assessment conducted by a cycling club.

Apart from the oft-made point about the importance for experts of the chronology, especially in cases where the issue is causation or clinical negligence, there is nothing in this case for healthcare experts in general. It is an importance case for ENT experts because several similar claims are due to be heard over the next months.