The Secretary of State for the Home Office was appealing the decision of the First Tier Tribunal (‘FTT’) to allow the Respondent’s appeal on Article 2 and 3 ECHR grounds against his deportation to Afghanistan. The Home Office did not seek to challenge the Respondent’s experts by requiring either of the experts to attend for cross-examination.

Tasib, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) makes for interesting reading because it illustrates what information lawyers and courts need when deciding which expert to instruct and how they look at experts’ fees and expenses. The cheapest report will not be provided by the expert with the lowest hourly rate if they spend much longer on the case than more expensive experts. It makes a difference whether there is a charge for travelling expenses.

The guidance sets out the text that you should use in your declarations for work undertaken in England and Wales for the English and Welsh Criminal Courts.  

We have just published our new judicial criticism and dealing with regulatory/professional body complaints during a case. Our comprehensive guide is useful for both new and experienced experts.

The dispute was between a former husband and wife, who were Russian nationals, about a post-nuptial agreement. The judge found that much of the expert evidence on Russian law was misdirected and misspent, and of limited use. He emphasised that both experts acted at times as surrogate advocates on behalf of their instructing parties.

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 from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

In the second article in the series, Thomas Hamilton, a Senior Solicitor at Thompsons Solicitors, discusses his experience of working with expert witnesses in serious injury claims. 

We have been receiving queries from Members as to how they can implement staged fee payments from instructing parties, rather than simply invoicing for the full amount after delivery of the expert report. To enable Members to set out these types of payment arrangements as straightforwardly as possible, we have amended our template Letter of Engagement to include new, optional wording implementing a staged payment

The claimant was suing for the unpaid balance of the purchase price of assets used in its high-pressure aluminium diecasting business. The defendants’ expert received instructions that limited the scope of his investigation and analysis. While the judge accorded less weight to his evidence, he did not accept the claimant’s suggestion that the defendants’ expert ought to have either declined the instructions or proffered his opinion on wider valuation issues even in relation to issues outside of his instructions.

Judgement handed down provides greater clarity for Expert Witness Agencies/Panels.

JXX (a Protected Party by his Litigation Friend ABB) v Scott Archibald [2026] EWHC 630 (SCCO)

The Financial Remdies Court ('FRC') has published the Financial Remedies Guide 2026. The Guide, which took effect on 13 March 2026, brings together the core documents which underpin the FRC.