This case, in the Court of Protection, concerned whether a wealthy, elderly man lacked capacity. The judgment dealt primarily with an application by respondents 2-7 to replace the jointly instructed expert with a new expert or, at the very least, permission for them to instruct their own expert.   

The judge did not find grounds to end the Single Joint Expert’s instruction but was satisfied that permitting respondents 2-7 to obtain a further report was appropriate in this particular case.

In straying from their original instructions, the expert developed an opinion without all the facts of the case and the second claimant was being coached through his cross-examination using smart glasses.

UAB Business Enterprise & Anor v Oneta Limited & Ors Neutral Citation Number[2026] EWHC 543 (Ch)

The Secretary of State for the Home Office was appealing the decision of the First Tier Tribunal (‘FTT’) to allow the Respondent’s appeal on Article 2 and 3 ECHR grounds against his deportation to Afghanistan. The Home Office did not seek to challenge the Respondent’s experts by requiring either of the experts to attend for cross-examination.

Tasib, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) makes for interesting reading because it illustrates what information lawyers and courts need when deciding which expert to instruct and how they look at experts’ fees and expenses. The cheapest report will not be provided by the expert with the lowest hourly rate if they spend much longer on the case than more expensive experts. It makes a difference whether there is a charge for travelling expenses.

The guidance sets out the text that you should use in your declarations for work undertaken in England and Wales for the English and Welsh Criminal Courts.  

We have just published our new guidance on judicial criticism and dealing with regulatory/professional body complaints during a case. Our comprehensive guide is useful for both new and experienced experts.

The dispute was between a former husband and wife, who were Russian nationals, about a post-nuptial agreement. The judge found that much of the expert evidence on Russian law was misdirected and misspent, and of limited use. He emphasised that both experts acted at times as surrogate advocates on behalf of their instructing parties.

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