07 November 2025 Sean Mosby 1728 Case Updates Aaron Haley v Newcold Ltd [2025] EWCC 57 by Sean Mosby Summary The Claimant alleged that an accident five years earlier was the cause of the amputation of his lower leg. The judge criticised the Claimant’s orthopaedic expert, Professor H, for demonstrating at times a rather ‘loose approach’ to his expert evidence and a closed mindedness towards his evidence. Learning points It may affect the weight of your evidence if the court considers that you are not open to revisiting, and potentially changing, your opinion in the light of other or new evidence. The court may reach this view even if it considers that your opinion is genuinely held and not partisan. If you need to re-evaluate your opinion, do so as soon as possible, notifying the other expert and the parties immediately and explaining why your opinion has changed. Make sure to provide real, cogent reasons for your change of opinion supported by literature or studies. It is important to analyse surveillance evidence thoroughly and comment on any details that will be of use to the court. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags Orthopaedics16. Criticism and Complaints10. Records Assessments and Site Visits11. Report Writing14. Changing your opinion13. Experts Discussions and Joint Statements15. Giving Oral EvidenceAmputationRe-evaluating your opinion Related articles EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports Do not leave it until cross-examination to reveal your true opinion A Day in the Life of a General Practitioner Expert Witness Ill-health and sentencing Take care not to conflate your role as a contractor with your duties as an expert witness Switch article Fixed Recoverable Costs Interim Implementation Stocktake Previous Article O v C [2025] EWFC 334 Next Article Comments are only visible to subscribers.