Expert Matters - The Podcast

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.

The proceedings related to a petition asserting unfair prejudicial conduct of the affairs of a company. The expert witness who provided valuation evidence, wrote to the court three months after the trial expressing concerns about his own valuation report.

The Claimants, who were trustees of an angling association which has fishing rights on the River Tees, asserted that the Defendant had interfered with their property rights. The Judge was disappointed that the hydrology experts had inspected the river when it was in very different conditions of water flow. The expert hydrology evidence was also limited to water flow, with no expert evidence available to the Judge on the impact on fish or fishing. One of the experts had also failed to comply with CPR Part 35.

The judgment dealt with the defendant's application for reverse summary judgment or to strike out the claimant's claim and the claimant's application to strike out the defendant's application and for a stay of related proceedings. The claimant attempted to submit a non-compliant report as 'independent expert evidence' to support his application without obtaining permission to do so.

Cam Askan v HM Land Registry [2026] EWHC 1352 (Ch)

Kathryn Rowe is an Expert Witness and Physiotherapist with over 17 years of clinical experience in neurological, spinal and orthopaedic rehabilitation. She works with adults and young people following traumatic brain injury, spinal cord injury, amputation and complex multi-trauma. Here she tells us about her Expert Witness work, why she still practises as a physiotherapist in the community, and what she wishes she had known when she started out.

The trial dealt with liability issues relating to the alleged use of prohibited defeat devices. That is, devices which reduce the effectiveness of a vehicle’s emission control system for which there is no excuse or applicable exception. The judge criticised three of the expert witnesses for not complying with their duties under Part 35, and praised others.

The Claimant brought a claim in negligence against the Defendant, a dental practitioner, about the Defendant’s alleged failure to provide her with adequate advice about the risks and benefits of the treatment options available to her. The Claimant’s expert lacked understanding of the Bolam test, had not considered the dental notes, and was forced to make significant concessions in the joint report.

The Claimant alleged that the Defendant was in breach of the agreement between the parties for the supply of single alpha chain collagen. The judge was critical of the Claimant’s expert witnesses, in particular noting that he would have had to direct further accounting expert evidence be produced, if the evidence had been required.