One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the experience of our members, and the needs of the expert witness community and the wider justice system. In this update, we discuss policy developments and our advocacy work over the last few months.   

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit Commercial Court of the King’s Bench Division and the Financial List (Commercial Court and Chancery Division).

The appellant is a citizen of Iraq. He appealed against the decision of a First-tier Tribunal Judge who dismissed his appeal against the respondent's decision to refuse his protection claim. The appellant raised three grounds of appeal including that the Judge failed to properly take into account the medical evidence.The Upper Tribunal found that it was clear from the Tribunal Judge's decision that he rejected the medical evidence in a comprehensive and detailed way. This was not, contrary to the grounds of appeal, the Judge ignoring the medical evidence when he was making his credibility findings. As such the Tribunal found that the Judge did not materially err as advanced, and his decision stands.

JK v The Secretary of State for the Home Department [2025] UKAITUR UI2024003446

The Annual Sir Michael Davies Lecture for 2025 was held on 15 October at the RAF Club in London. The Right Honourable Lady Simler, Justice of the Supreme Court, delivered an insightful lecture on Enhancing Expert Evidence: Reports, Opinions, and Judicial Perspectives, which was summed up perfectly by EWI Chair Sir Martin Spencer as the blueprint for providing the best written and oral expert evidence.

The Claimants alleged that dust, noise and odour emitted by the defendant’s factory over a prolonged period constituted a legal nuisance. The judge was critical of the Claimants’ experts for departing from the initial common approach when the initial results had been adverse to their clients’ case.

Her appointment was announced at the Sir Michael Davies Lecture on Wednesday 15th October.. 

The award was made at the Sir Michael Davies Lecture on the 15th of October.

There are some general learning points for all experts but otherwise this is for neurosurgeons. It is another road traffic accident personal injury case in which the court needed the assistance of neurosurgeons, or at least it would have done but for the fact that it made a finding which made it unnecessary to consider the neurosurgical evidence before reaching a judgment. The nature of the injuries sustained by the claimant were not in dispute. What was in dispute, but ultimately irrelevant, was what the child’s injuries would have been if the driver of the vehicle had been driving (non-negligently) at a lower speed than he was. It was on this point that the neurosurgical experts disagreed.

MW v Wilkinson [2025] EWHC 2300 (KB) 

We speak to a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing medicolegal reports for educational negligence and personal injury cases. Here, they tell us more about their Expert Witness work, explains why they find it so meaningful, and how they balance it with their clinical and voluntary commitments.

October 10th is World Mental Health Day and in this month's episode of the Expert Matters Podcast, we look at the issue of wellbeing and resilience as an expert witness. We discuss some learnings from recent judgments, have a really insightful talk with EWI member and Clinical Psychologist Dr Claire Wilson, before hearing advice from the members of EWI's Editorial Committee. 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. 

You can listen to Episode 17 of the Expert Matters Podcast on a number of podcast apps, including spotify and apple podcasts. If you can't find the podcast on your favourite app, let us know at expertmatters@ewi.org.uk.