This case is important for expert healthcare experts in delayed-diagnosis cases in Scotland, being brought under the Damages (Scotland) Act 2011, s 3,  but, relying on an English case, it may be relevant to healthcare experts outside Scotland. In a conventional causation case, an expert may be asked: ‘Would the patient have survived but for the alleged negligent delay?’ This case concerns whether the alleged breach of duty caused the loss of a chance of a better outcome.

Lever v Ayrshire and Arran Health Board (Court of Session) [2026] CSOH 89 

In July 2026, Ciarb published its Report on Party-Appointed Expert Witnesses in International Arbitration (the Ciarb Report), based on 419 survey responses. In this paper, Max Beckett and Catherine Jago from CJH Experts review the Report. The EWI would welcome the thoughts of arbitrators, judges, counsel and fellow experts on the proposals set out in the Report. 

This is yet another case in which a medical report has been given little weight in immigration and asylum proceedings.

Begum v Secretary of State for the Home Department [2026] UKFTT HU507302025 (IAC)

The Claimant asserted that the Defendant had infringed their patent for an electric shower-waster pump and control unit. The trial related to liability only. Both sides criticised the other’s expert. The Judge rejected these criticisms noting that, while he reached conclusions that differed from the experts in various places, he did not consider either expert to be unreliable or that their evidence generally should be discounted.

David Cowan, Leam Craig. and Kathryn Newns have been recognised for their contribution to the Expert Witness community.  

This month we have a special episode to celebrate 30 years since the Expert Witness Institute was launched on 8 November 2026. We are going to look back at the changes over the last 30 years within the world of expert evidence, look at how we have changed as an organisation, and also dip into the archive for our News Reel. 

Although this is an immigration and asylum case, in which country experts often provide evidence from a variety of sources about conditions in the applicant’s home country, it includes importance advice for all experts about the use of information on the internet.

SU v Secretary of State for the Home Department (Expert reports - format) Bangladesh [2026] UKUT 317 (IAC) 

Catherine Jago is an oil and commodities Expert Witness with nearly four decades of experience in the field. She started her career at BP before working as an oil journalist, broker and trader. In 2023 she founded her own international Expert Witness practice, CJH Experts, which carries between 20 and 30 live instructions at any one time. Here, she tells us how she came to the role in unexpected circumstances, what makes a truly good Expert, and why independence is never negotiable.

The case concerned the non-payment by a tenant of a commercial service charge. In considering the tenant’s permitted contractual defences of “manifest or mathematical error or fraud”, the Supreme Court construed the meaning of “manifest error” narrowly.

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)