Evidence as to fitness to participate in legal proceedings is expert evidence Evidence as to fitness to participate in legal proceedings is expert evidence

Evidence as to fitness to participate in legal proceedings is expert evidence

The importance of this case is that it confirms that medical practitioners providing evidence as to a patient’s fitness to participate in legal...
Mesothelioma or lung cancer? Mesothelioma or lung cancer?

Mesothelioma or lung cancer?

The claimant was diagnosed in 2023 with mesothelioma, after attending his general practitioner complaining of shortness of breath. Initially, the...
Experts acting in conflict zones Experts acting in conflict zones

Experts acting in conflict zones

Recent events in the middle east have reminded us all how quickly dangerous situations can arise. Members may regularly act in conflict...
Previous criticism used to highlight defects in expert evidence Previous criticism used to highlight defects in expert evidence

Previous criticism used to highlight defects in expert evidence

The case of Maina Kumari Rai v Advantage Insurance Company Limited (T/A Hastings Insurance) [2026] EWHC 784 (KB) provides a good reminder that...
Working with Expert Witnesses in Aviation Working with Expert Witnesses in Aviation

Working with Expert Witnesses in Aviation

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...
New EWI guidance on Marketing your Expert Witness Practice New EWI guidance on Marketing your Expert Witness Practice

New EWI guidance on Marketing your Expert Witness Practice

Whether you are just starting out as an Expert Witness or an experienced Expert Witness looking to increase the number of instructions you are...
Podcast Episode 24: Marketing your expert witness practice Podcast Episode 24: Marketing your expert witness practice

Podcast Episode 24: Marketing your expert witness practice

In April's episode of the Expert Matters Podcast, we take a deep dive into Marketing your Expert Witness Practice, providing practical advice on...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...
Podcast Episode 23: Experts in the Courts Podcast Episode 23: Experts in the Courts

Podcast Episode 23: Experts in the Courts

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points...
Podcast Episode 22: Feedback and Criticism Podcast Episode 22: Feedback and Criticism

Podcast Episode 22: Feedback and Criticism

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

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Podcast Episode 21: Responding to Written Questions
Podcast

Podcast Episode 21: Responding to Written Questions

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. 

LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB)
Case Updates

LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB)

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.

Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch)
Case Updates

Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch)

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.

Celikdemir v PGR Timber Limited & Anor [2025] EWHC 3118 (KB)
Case Updates

Celikdemir v PGR Timber Limited & Anor [2025] EWHC 3118 (KB)

The Claimant, on her solicitor’s advice, covertly recorded her testing by the Defendant’s neuropsychological expert. Weighing up the factors in favour of admitting the evidence and against admitting it, the judge considered that they were very finely balanced and quite difficult and that he may well have ruled that the evidence could not be relied on, if the Defendant’s expert had not himself inadvertently recorded the testing.

A deficient capacity assessment
Case Updates

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct legal proceedings, in this case sixteen sets of proceedings, the expert has to consider each set of proceedings. The person may have the capacity to conduct some and not others.

Johnston v Financial Ombudsman Service [2025] EWCA Civ 551

The Isolation of Experts
News

The Isolation of Experts

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go too far to prevent any accusation of bias or undue influence on appointed party’s expert, risking the expert’s ability to fully assist the Tribunal. Dr Linnell's article was originally published in the autumn edition of Expert Matters, EWI's membership magazine.

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