04 November 2025 Keith Rix 1380 Case Updates Draft report retains litigation privilege (at least for now) by Keith Rix Introduction: It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. Case On 11 February 2020, the Claimant was involved in a road traffic accident where she was knocked from her motorcycle and sustained multiple traumatic injuries. Liability is not in issue. The Defendant accepts that the Claimant sustained some injury as a result of the road traffic accident but has concern that the extent of the Claimant's injuries has been exaggerated. 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 Litigation privilege07. Receiving Instructionsperformance validity testing06. Rules and Regulations11. Report Writing14. Changing your opinion08. Working with Instructing PartiesDraft ReportTest of Memory and Malingering Related articles EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports Do not leave it until cross-examination to reveal your true opinion New Guide to Becoming an Expert Witness 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 Switch article Podcast Episode 18: Pro Bono Expert Evidence Previous Article Fixed Recoverable Costs Interim Implementation Stocktake Next Article Comments are only visible to subscribers.