Access to Justice Inquiry Access to Justice Inquiry

Access to Justice Inquiry

The House of Commons, Justice Committee has published a Call for Evidence for its Inquiry on Access to Justice. The Inquiry will examine how advice...
Failed extraction of a wisdom tooth Failed extraction of a wisdom tooth

Failed extraction of a wisdom tooth

Although this is a case of alleged dental negligence and can be usefully read in full not only by dental experts, but by dentists, oral surgeons and...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...
Benjamin Hetherington (by his father and litigation friend Gary Hetherington) v Raymond... Benjamin Hetherington (by his father and litigation friend Gary Hetherington) v Raymond...

Benjamin Hetherington (by his father and litigation friend Gary Hetherington) v Raymond...

The judge found that an expert on risk assessment adopted an overly strict and slightly unrealistic approach in assessing the adequacy of a risk...
Bevan v Ministry of Defence [2025] EWHC 1145 (KB) Bevan v Ministry of Defence [2025] EWHC 1145 (KB)

Bevan v Ministry of Defence [2025] EWHC 1145 (KB)

Apart from the oft-made point about the importance for experts of the chronology, especially in cases where the issue is causation or clinical...
The Criminal Procedure Rules 2025 The Criminal Procedure Rules 2025

The Criminal Procedure Rules 2025

The Criminal Procedure Rule Committee has published a new consolidation of the Criminal Procedure Rules and an accompanying guide. The new Rules will...
Transparency and Open Justice Board Key Objectives Transparency and Open Justice Board Key Objectives

Transparency and Open Justice Board Key Objectives

The Transparency and Open Justice Board has published its final Key Objectives and its response to its Public Engagement on the proposed Key...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...

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.

Nothing short of a demolition of the expert's evidence
Sean Mosby 907

Nothing short of a demolition of the expert's evidence

bySean Mosby

 

Summary

The expert paediatrician in this case misidentified and confused twins when reading the primary medical disclose. This fundamental error was of seminal importance in this case because the twins had very different birth and post-birth experiences, with one being much weaker and more vulnerable than the other.  The judge noted that the cross-examination of the expert was nothing short of a demolition of the expert’s evidence.

Learning points
Learning points for paediatricians:
  • The medical expert who prepares the paediatric overview for the court is a key expert witness who, if they fail to discharge their duty risk children being removed from parents who have caused no harm, or left with parents who have.

Learning points for experts:
  • In cases involving two or more people with similar characteristics, always double check that you haven't misidentified or confused them. 

  • Take care to avoid limiting your enquiries and professional curiosity by seeking a single unifying explanation for the injuries.

  • In a case of injury to a child, make sure you properly engage with and scrutinise the account of the parents or caregivers. Remember that determining the facts is a matter for the court.  

  • Make sure you have a proper understanding of the operation of the burden of proof when considering the evidence and the potential explanations put forward by the parents.

  • In developing your opinion, you must consider your opinion in the light of all plausible factual scenarios, as you do not know which facts will be determined by the court.

  • You should correct any error as soon as possible after it has been drawn to your attention, and definitely before any further steps in the process, such as the experts’ discussion.

  • If you have made an error, it is important to be able to explain why the error was made.

  • In correcting the error, you must consider how the error impacts your full opinion and be ready to explain clearly why it does or does not impact it.

Learning points for instructing parties:
  • It is important for advocates to have a detailed knowledge of the case and the facts so that they are able to robustly and critically cross examine experts and fully explore their client’s case.

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.