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. 

In the second article in the series, Thomas Hamilton, a Senior Solicitor at Thompsons Solicitors, discusses his experience of working with expert witnesses in serious injury claims. 

We have been receiving queries from Members as to how they can implement staged fee payments from instructing parties, rather than simply invoicing for the full amount after delivery of the expert report. To enable Members to set out these types of payment arrangements as straightforwardly as possible, we have amended our template Letter of Engagement to include new, optional wording implementing a staged payment

The claimant was suing for the unpaid balance of the purchase price of assets used in its high-pressure aluminium diecasting business. The defendants’ expert received instructions that limited the scope of his investigation and analysis. While the judge accorded less weight to his evidence, he did not accept the claimant’s suggestion that the defendants’ expert ought to have either declined the instructions or proffered his opinion on wider valuation issues even in relation to issues outside of his instructions.

Judgement handed down provides greater clarity for Expert Witness Agencies/Panels.

JXX (a Protected Party by his Litigation Friend ABB) v Scott Archibald [2026] EWHC 630 (SCCO)

The Financial Remdies Court ('FRC') has published the Financial Remedies Guide 2026. The Guide, which took effect on 13 March 2026, brings together the core documents which underpin the FRC.

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 for expert witnesses. 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. 

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 

Most professionals who act as expert witnesses are potentially subject to fitness to practice or other types of regulatory or professional body investigations. This can be extremely stressful and challenging even when the complaint appears to be vexatious or lacking in substance. So, we thought it would be helpful to offer a brief reminder of what you should do in such circumstances to ensure you meet your duties as an expert witness.

Highlights from the EWI Technology and Practice Survey 2026

A survey by the Expert Witness Institute, supported by Fortythree Tech