Expert Matters - The Podcast

The decision in O'Neill v Scottish Ambulance Service Board [2025] CSOH 17 provides important guidance on the legal and professional standards applicable to remote clinical triage. The court reaffirmed that clinicians conducting telephone assessments are held to the same professional standards as those undertaking face-to-face consultations.

The Claimant suffered serious injuries in a road traffic accident after the Defendant, who was driving out of a side road, collided with the Claimant’s motorbike. Despite being aware of surveillance evidence before preparing his last report, the Claimant’s orthopaedic expert did not reveal his true opinions on the Claimant’s malingering until cross-examination.

Grant Greening-Steer v Derek Ainge [2026] EWHC 1239 (KB)

Dr Frances Cranfield is a GP, Assistant Coroner, and a founding member of the Expert Witness Institute. With three decades of experience spanning civil and criminal courts, coroners’ inquests, General Medical Council hearings, and major public inquiries, she is one of the most experienced Medical Expert Witnesses in the country. Here, she tells us what drew her to this work, what keeps her in it, and what she thinks the profession needs to face next

After summarising the case law, the court in this case stated that there is a high threshold to be reached in order for ill health or physical disability to impinge upon the court's approach to assessing the appropriate method of sentencing an offender. This is not to say that ill health or disability will never be taken into consideration as is indicated by these terms: ‘not generally’, ‘not automatically’, ‘can take account’, ‘may enable’, ‘not in itself’, ‘it may be permissible’, ‘in appropriate cases’, ‘permissible to have regard’ and ‘purely on the basis’.

Lavery, R v (Sentencing Remarks) [2026] NICC 5

The parties disagreed on the extent of the repairs required to the joists, and the manner in which the repairs should be effected, following the collapse of part of the ceiling in a building owned by the Claimant and partly leased by the Defendant. The Judge found that the Defendant’s expert’s failure to engage with all the available evidence and to seek to undertake a fuller examination of the joists meant that his evidence did not fully address the issues before the court.

We have previously considered the problem for experts of redacted medical records. This, and the actual disclosure of medical, and also safeguarding, records is an issue in this ongoing personal injury case.

Although it illustrates the tests that the court will apply in deciding on disclosure of records, it also seems to illustrate the oft made point that a case turns on its own facts. In this case disclosure of records relating to a particular letter became unnecessary when it was established that the letter did not relate to the claimant. The relevance of the claimant’s mother’s immigration records arose out of the coincidence in time of a stage in her appeal process and a deterioration in the claimant’s condition.

RFV v Middleham [2026] EWHC 916 (KB) 

Recent events in the middle east have reminded us all how quickly dangerous situations can arise. Members may regularly act in conflict zones, or be offered work that requires them to travel to conflict zones to, for example, inspect property damage, etc.  

Before you accept instructions for international work in conflict zones, we recommend you stop and consider these points set out in this article.  

The case of Maina Kumari Rai v Advantage Insurance Company Limited (T/A Hastings Insurance) [2026] EWHC 784 (KB) provides a good reminder that previous criticism can be brought up to discredit your expert evidence.

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service claims, and Court of Protection cases. Here, she tells us how she found her way into the role, what keeps her motivated, and the advice she would give to anyone considering the same path.

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points for expert witnesses. As always, you can also listen to our 'What's going on at EWI' and 'Newsreel' segments to keep up-to-date on the latest developments in the world of expert witnesses and expert evidence.