Take care not to conflate your role as a contractor with your duties as an expert witness Take care not to conflate your role as a contractor with your duties as an expert witness

Take care not to conflate your role as a contractor with your duties as an expert witness

The parties disagreed on the extent of the repairs required to the joists, and the manner in which the repairs should be effected, following the...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Disclosure and redaction of medical and safeguarding records Disclosure and redaction of medical and safeguarding records

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,...
Help us map those working in the UK as Expert Witnesses Help us map those working in the UK as Expert Witnesses

Help us map those working in the UK as Expert Witnesses

Have your say in this important research and be in with a chance of winning £200 in vouchers of your choice.
Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch)

Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch)

The case focussed on the validity of a will and codicil made by a wealthy lady, Mrs MacDougall, as well as a number of substantial gifts and...

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 2453

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.