14 May 2026 Sean Mosby 939 Case Updates David Abbott & Ors v Ministry of Defence [2026] EWHC 941 (KB) bySean Mosby Summary The judgment dealt with two test cases and a number of generic issues arising from a series of claims brought by former members of the military for damages for noise induced hearing loss (‘NIHL’). The judge preferred the evidence of the defendant’s employment expert who had more relevant experience and knowledge and engaged more critically with the evidence. Learning points Learning points for experts Whether you act for the claimant or the defendant, it is important to engage critical and rigorously with all of the evidence, including the claimant’s evidence, appropriately testing and challenging it. Learning points for instructing parties The court will often prefer the evidence of an expert with more relevant knowledge and experience in the issues for expert evidence. 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 16. Criticism and Complaints11. Report Writing13. Experts Discussions and Joint Statements Related articles Take care not to conflate your role as a contractor with your duties as an expert witness Podcast Episode 26: Expert Advisor versus Expert Witness Gary Alexander MacDougall v Lloyd Philip Thomas & Ors [2026] EWHC 1142 (Ch) Some guidance for experts in professional disciplinary proceedings Experts who rise above the fray and fully discharge their duties to assist the Court Switch article A Day in the Life of a Housing Disrepair Expert Witness Previous Article Podcast Episode 25: Preview of the EWI Annual Conference 2026 Next Article Comments are only visible to subscribers.