A substantial limit to its evidential value A substantial limit to its evidential value

A substantial limit to its evidential value

This is a fascinating case in terms of the expert’s qualifications, training and experience. As a result of the expert not setting these out in the...
The Role of Expert Witnesses in Building Safety Disputes - An Urgent Rethink? The Role of Expert Witnesses in Building Safety Disputes - An Urgent Rethink?

The Role of Expert Witnesses in Building Safety Disputes - An Urgent Rethink?

In this article, Rose Wilson and Mariya Rankin from Eversheds Sutherland (International) LLP, and Bhavina Vasishta from Rimkus consider whether...
The mandatory duty on range of opinion The mandatory duty on range of opinion

The mandatory duty on range of opinion

The Claimant was suing in relation to profound disabilities he suffered due to the Defendant’s admitted clinical negligence. While some of the experts...
Scottish Medicolegal Conference 2026 Scottish Medicolegal Conference 2026

Scottish Medicolegal Conference 2026

The EWI held the annual Scottish Medicolegal Conference at the Grand Central Hotel in Glasgow on 18 September. The event featured great speakers and...
Categorisation of injuries for sentencing purposes Categorisation of injuries for sentencing purposes

Categorisation of injuries for sentencing purposes

Many medical experts from a variety of specialties, but in particular accident and emergency, may be called upon to advise the court as to the nature,...
Working with Expert Witnesses: Joint Expert Meetings Working with Expert Witnesses: Joint Expert Meetings

Working with Expert Witnesses: Joint Expert Meetings

In the sixth article in the Working with expert witnesses series, Alexandra Winch a Partner at Stewarts, discusses her experience of...
Podcast Episode 30: Mapping the Expert Witness Workforce Podcast Episode 30: Mapping the Expert Witness Workforce

Podcast Episode 30: Mapping the Expert Witness Workforce

This month on the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkiss, discuss the EWI's project to map the Expert Witness...
A Day in the Life of an Occupational Therapy Expert Witness A Day in the Life of an Occupational Therapy Expert Witness

A Day in the Life of an Occupational Therapy Expert Witness

Clare Cole is an Occupational Therapist with nearly 17 years of clinical experience, who now works as an Expert Witness in the medico-legal field....
A Day in the Life of a Physiotherapy Expert Witness A Day in the Life of a Physiotherapy Expert Witness

A Day in the Life of a Physiotherapy Expert Witness

Kathryn Rowe is an Expert Witness and Physiotherapist with over 17 years of clinical experience in neurological, spinal and orthopaedic...
Podcast Episode 29: Acting for Litigants in Person Podcast Episode 29: Acting for Litigants in Person

Podcast Episode 29: Acting for Litigants in Person

This month on the Expert Matters Podcast, we discuss acting for litigants in person. The accessibility of tools like generative AI is making...
Podcast Episode 28: Reflections on the EWI Conference 2026 Podcast Episode 28: Reflections on the EWI Conference 2026

Podcast Episode 28: Reflections on the EWI Conference 2026

This month on the Expert Matters Podcast, we take a look at the EWI Annual Conference which was held on 19 June. The Conference got off to a great...
A Day in the Life of a Dangerous Dog Legislation Expert Witness A Day in the Life of a Dangerous Dog Legislation Expert Witness

A Day in the Life of a Dangerous Dog Legislation Expert Witness

Shaun Hesmondhalgh has been an Expert Witness since 2016, specialising in cases involving dog welfare, dangerous dog behaviour, and dog-related human...

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A substantial limit to its evidential value
Case Updates

A substantial limit to its evidential value

This is a fascinating case in terms of the expert’s qualifications, training and experience. As a result of the expert not setting these out in the report, and for other reasons, the judge could attach little or no weight to the expert’s opinions.

RC v The Secretary of State for the Home Department [2026] UKFTT HU670752024 (IAC) 

Categorisation of injuries for sentencing purposes
Case Updates

Categorisation of injuries for sentencing purposes

Many medical experts from a variety of specialties, but in particular accident and emergency, may be called upon to advise the court as to the nature, extent and potential consequences of injuries suffered by the victims of crime. In this case the two accident and emergency experts provided reports which assisted the sentencing judge and were sufficiently detailed to assist the Court of Appeal when considering the submission by the Attorney general that the sentencing judge incorrectly categorised the level of harm resulting the stabbing of two men at an underground station. The case illustrates how medical experts should report on the injuries of the victims of crime and the information that the court requires in order to categorise the severity of their injuries. 

R v Green [2026] EWCA Crim 1003 

Psychologists and general practitioner records
Case Updates

Psychologists and general practitioner records

This case has important lessons for psychology and psychiatry expert witnesses and also for lawyers. It makes clear that, at least in the Asylum and Immigration Chamber, psychologists are expected to consider general practitioner records.

Typhopon v Secretary of State for the Home Department [2026] UKAITUR UI2025004978

Blackpool Borough Council v RR [2026] EWFC 69
Case Updates

Blackpool Borough Council v RR [2026] EWFC 69

Laura Langley, 38, was alleged to have killed her seven-week-old daughter Edith who collapsed at the family home in Blackpool, Lancashire, in the early hours of 20 November 2020. The Judge found that the expert evidence in the case of Professor G, of Professor N and of Professor D each at times fell below the high standard expected of expert witnesses giving evidence before the family court in this jurisdiction. This judgment illustrates a number of important lessons for expert witnesses. The criticisms go well beyond a disagreement between experts—they concern the duties of an expert to the court. An expert who appears to defend a predetermined hypothesis rather than follow the evidence risks losing credibility entirely, regardless of their qualifications or experience. This judgment illustrates that methodological rigour, transparency, and impartiality are essential to persuasive expert testimony.

We all can and do make errors and omissions
Case Updates

We all can and do make errors and omissions

Having written in Hospital Update, 48 years ago, about routine parenteral thiamine alongside prophylaxis or treatment of alcohol withdrawal symptoms, I read this with great interest. It should be of interest to physicians and psychiatrists but what is striking are the lessons for all experts. There is a long section in which the judge is critical of some of the experts and their evidence.

Diclofenac and the risk of post-ERCP pancreatitis
Case Updates

Diclofenac and the risk of post-ERCP pancreatitis

Although the detail of this judgment is for diabetologists and gastroenterologists it is of general interest with regard to its treatment of statistical evidence, reliance on odds ratios and relative risk ratios and the position taken by the court on the relationship between the civil standard of proof and confidence intervals.

Alexander v HCA International Ltd [2026] EWHC 1284 (KB) 

Ill-health and sentencing
Case Updates

Ill-health and sentencing

After summarising the case law, the court in this case stated that there is a high threshold to be reached in order for ill health or physical disability to impinge upon the court's approach to assessing the appropriate method of sentencing an offender. This is not to say that ill health or disability will never be taken into consideration as is indicated by these terms: ‘not generally’, ‘not automatically’, ‘can take account’, ‘may enable’, ‘not in itself’, ‘it may be permissible’, ‘in appropriate cases’, ‘permissible to have regard’ and ‘purely on the basis’.

Lavery, R v (Sentencing Remarks) [2026] NICC 5

Disclosure and redaction of medical and safeguarding records
Case Updates

Disclosure and redaction of medical and safeguarding records

We have previously considered the problem for experts of redacted medical records. This, and the actual disclosure of medical, and also safeguarding, records is an issue in this ongoing personal injury case.

Although it illustrates the tests that the court will apply in deciding on disclosure of records, it also seems to illustrate the oft made point that a case turns on its own facts. In this case disclosure of records relating to a particular letter became unnecessary when it was established that the letter did not relate to the claimant. The relevance of the claimant’s mother’s immigration records arose out of the coincidence in time of a stage in her appeal process and a deterioration in the claimant’s condition.

RFV v Middleham [2026] EWHC 916 (KB) 

Some guidance for experts in professional disciplinary proceedings
Case Updates

Some guidance for experts in professional disciplinary proceedings

In these professional disciplinary proceedings it was considered highly unusual for an expert to act on behalf of a Registrant having also provided a character reference in support of the same Registrant.

Mew v General Dental Council [2026] EWHC 1116 (Admin) 

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

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 proceedings are providing expert evidence. It may be termed ‘professional’ evidence but it is expert evidence. It is expert evidence because the medical practitioner is assisting the court as to matters outside the knowledge and experience of the court. In this case the court depended on the applicant’s general practitioner to understand complex PTSD, spiking of blood pressure to dangerous levels and dysphonia and how they made the applicant unfit to participate in her appeal against the order made by the court as to the disposal of her son’s ashes.

Julie Karen Hoarean v Paul Anthony Read [2026] EWHC 763 (Ch)

 

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