Expert Matters - The Podcast

This is a fascinating case in terms of the expert’s qualifications, training and experience. As a result of the expert not setting these out in the report, and for other reasons, the judge could attach little or no weight to the expert’s opinions.

RC v The Secretary of State for the Home Department [2026] UKFTT HU670752024 (IAC) 

The Claimant was suing in relation to profound disabilities he suffered due to the Defendant’s admitted clinical negligence. While some of the experts were praised, some were severally criticised by the judge, particularly for failing to consider the range of opinion. Two of the experts were also significantly hampered by their nervousness in cross-examination. 

JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB)

The EWI held the annual Scottish Medicolegal Conference at the Grand Central Hotel in Glasgow on 18 September. The event featured great speakers and panels and lots of interaction with the audience of expert witnesses and legal professionals.

Many medical experts from a variety of specialties, but in particular accident and emergency, may be called upon to advise the court as to the nature, extent and potential consequences of injuries suffered by the victims of crime. In this case the two accident and emergency experts provided reports which assisted the sentencing judge and were sufficiently detailed to assist the Court of Appeal when considering the submission by the Attorney general that the sentencing judge incorrectly categorised the level of harm resulting the stabbing of two men at an underground station. The case illustrates how medical experts should report on the injuries of the victims of crime and the information that the court requires in order to categorise the severity of their injuries. 

R v Green [2026] EWCA Crim 1003 

This case has important lessons for psychology and psychiatry expert witnesses and also for lawyers. It makes clear that, at least in the Asylum and Immigration Chamber, psychologists are expected to consider general practitioner records.

Typhopon v Secretary of State for the Home Department [2026] UKAITUR UI2025004978

Laura Langley, 38, was alleged to have killed her seven-week-old daughter Edith who collapsed at the family home in Blackpool, Lancashire, in the early hours of 20 November 2020. The Judge found that the expert evidence in the case of Professor G, of Professor N and of Professor D each at times fell below the high standard expected of expert witnesses giving evidence before the family court in this jurisdiction. This judgment illustrates a number of important lessons for expert witnesses. The criticisms go well beyond a disagreement between experts—they concern the duties of an expert to the court. An expert who appears to defend a predetermined hypothesis rather than follow the evidence risks losing credibility entirely, regardless of their qualifications or experience. This judgment illustrates that methodological rigour, transparency, and impartiality are essential to persuasive expert testimony.

The RICS has recently published the 5th edition of its Surveyors acting as expert witnesses professional standard (‘standard’). We participated in the RICS consultation on the draft standard, and we are pleased to note that most of the issues we raised have been addressed in the final published standard and practice guidance. However, we continue to have concerns that the standard and the practice guidance may have the potential to mislead experts into not fully complying with the applicable rules and regulations. 

The Appellant, a citizen of Tajikistan, was appealing the Respondent’s decision to refuse his protection claim. The Judge gained the distinct impression that the Appellant’s expert witness was simply advocating on behalf of the Appellant, rather than assisting the Tribunal by providing a critical, objective expert opinion on the context. In doing so, he trespassed into the role reserved for the Tribunal.

Clare Cole is an Occupational Therapist with nearly 17 years of clinical experience, who now works as an Expert Witness in the medico-legal field. Specialising in neurological occupational therapy, Clare takes on cases spanning stroke, brain injury, cauda equina syndrome, and personal injury. Here, she shares how she found her way into the role, what she loves about it, and what she wishes she had known at the start.

In a criminal matter I have been asked to submit my expert evidence on an MG11 form.