Car-Wizard Limited v Vixen Surface Treatments Limited [2026] EWHC 685 (Ch) Car-Wizard Limited v Vixen Surface Treatments Limited [2026] EWHC 685 (Ch)

Car-Wizard Limited v Vixen Surface Treatments Limited [2026] EWHC 685 (Ch)

The claimant asserted misrepresentation and breach of a collateral contract by the defendant in respect of the supply of a vertical diamond cutting...
Unregulated Experts in Family Court Children Proceedings Unregulated Experts in Family Court Children Proceedings

Unregulated Experts in Family Court Children Proceedings

From March to June 2025, the Family Procedure Rule Committee held a consultation on new Family Procedure Rule 25.5A concerning the instruction of...
Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and... Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and...

Working with Expert Witnesses in Clinical Negligence Claims: Practical Considerations and...

In the fourth article in the Working with expert witnesses series, Michael Kingman from Setfords Solicitors, discusses his experience of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

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We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...

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Advising as to the applicable law
Case Updates

Advising as to the applicable law

The detail of this judgment is for experts who conduct capacity assessments. Two points arise of more general interest.

First, the expert, who had been involved in the case for six years, changed her opinion. In the language of the court it was a 180o degree change. The court thought that this called for a greater discussion in the analysis section of the report. This seems to have been that section of the report for which experts use the heading ‘Facts and assumed facts’ or ‘Factual analysis’. Second, the expert suggested that the issues, or some of the issues, in the case could be resolved by invoking the inherent jurisdiction of the court. But there had been no application for the exercise of the court's inherent jurisdiction, it was not referred to in the letter of instruction, and it might not – as a matter of law – have been available. This is a good example of the advice to experts to leave the law to the lawyers.  

Calderdale Metropolitan Borough Council v LS [2025] EWCOP 10 (T3)