What were the effects of repeated sexual abuse at the hands of a schoolteacher? What were the effects of repeated sexual abuse at the hands of a schoolteacher?

What were the effects of repeated sexual abuse at the hands of a schoolteacher?

This case illustrates a number of difficulties for the adult victims of childhood sexual abuse. Diagnoses of psychiatric disorder in childhood have to...
An expert report that is almost worse than useless An expert report that is almost worse than useless

An expert report that is almost worse than useless

The claimant was involved in a minor road traffic accident while she was the passenger in a car driven by her partner, who was the defendant’s...
When experts are the subject of regulatory complaints When experts are the subject of regulatory complaints

When experts are the subject of regulatory complaints

Most professionals who act as expert witnesses are potentially subject to fitness to practice or other types of regulatory or professional body...
The admin behind the expertise The admin behind the expertise

The admin behind the expertise

Highlights from the EWI Technology and Practice Survey 2026 A survey by the Expert Witness Institute, supported by Fortythree Tech
If you're wearing two hats, make sure you comply with the rules If you're wearing two hats, make sure you comply with the rules

If you're wearing two hats, make sure you comply with the rules

The expert acting for the appellant had appeared before the Valuation Tribunal for England as advocate and expert for the appellant, and he continued...
Working with Expert Witnesses in Construction Working with Expert Witnesses in Construction

Working with Expert Witnesses in Construction

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...
Podcast Episode 22: Feedback and Criticism Podcast Episode 22: Feedback and Criticism

Podcast Episode 22: Feedback and Criticism

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...
Podcast Episode 21: Responding to Written Questions Podcast Episode 21: Responding to Written Questions

Podcast Episode 21: Responding to Written Questions

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a...
Podcast Episode 20: Review of 2025 Podcast Episode 20: Review of 2025

Podcast Episode 20: Review of 2025

Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663
Keith Rix 1910

D & Anor (Fact-Finding: Research Literature) [2024] EWCA Civ 663

byKeith Rix

Summary

This successful appeal against a Family Court judgment which led to the removal of two children from the care of their parents turned primarily on the fact that the judge was found to have acted as her own expert and conducted her own analysis of the medical research material making findings that were not supported by evidence. But there are important lessons here for experts, not just judges. It is part of the expert’s duty to consider any literature which may be available in their field, and not to draw conclusions merely on the basis of their own experience. Then the expert must be prepared for an analysis in court of the literature on which they have relied. Counsel, the judge and other experts will have familiarised themselves with the literature quoted. This judgment is rich in examples of how lawyers analyse medical literature in order to form a view as to its relevance and its reliability.

For paediatricians, radiologists, neurosurgeons and ophthalmologists this is highly recommend reading about the courts’ analysis of expert evidence relating to abusive head trauma and low level falls.    

Learning points

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.