Expert Matters - The Podcast

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the Defendant to surgically remove her haemorrhoids. The judge found that the evidence of the Claimant’s expert was based on limited experience or expertise. There were also several instances where he had not acted in accordance with his duties as an expert.

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the practical and professional development that comes with EWI involvement. They unpack what EWI does, who it is for, the kinds of support and training we offer, and why being part of EWI could be a game changer for your expert witness career. Don't forget to also check out 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. 

The judge found that an expert on risk assessment adopted an overly strict and slightly unrealistic approach in assessing the adequacy of a risk assessment conducted by a cycling club.

The judge found that the Defendant’s expert in snowmobile operations was a partial witness who acted as an advocate for the Defendant’s case. He not only ignored the Claimant’s evidence and adopted the snowmobile guides’ evidence, but positively sought to persuade the Court to find facts in the Defendant’s favour.

The Criminal Procedure Rule Committee has published a new consolidation of the Criminal Procedure Rules and an accompanying guide. The new Rules will come into force on 6 October 2025.

The parties unanimously agreed that the report of a Court appointed expert was fundamentally flawed, could not be relied upon, and a new psychologist would need to be instructed after the expert directly challenged the findings of the Court and the soundness of the evidence on which those findings were based. The Court denied the expert’s subsequent request for anonymity.

Liverpool City Council v A & Ors [2025] EWHC 1474 (Fam)

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from EWI's 2025 Annual Conference which was held on 20 June. The Conference featured a great line-up of panels and speakers, with keynote speeches from Lady Rose, Justice of the Supreme Court, and Lord Justice Birrs, the Deputy Head of Civil Justice. A wide range of lawyers, judges and expert witnesses joined the panel sessions, and EWI member Dr Richard Marshall provided an insightful session on AI and the Expert Witness. You can also check out 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. 

The Online Procedure Rule Committee ('OPRC') is holding a consultation on its draft inclusion framework and pre-action model. Responses to the consultation are due by 5pm on Friday 19 September 202

The court noted that the jointly instructed expert demonstrated a clear lack of understanding of both CPR 35 and the duties owed to the court by an expert in allowing someone else in this firm to answer CPR 35 questions on his behalf. His report was also entirely equivocal on the key issues and therefore offered little or no assistance to the court.

Kate Rodgers v Laural Brookes [2025] EWCC 31

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the reasons why she was not impressed by the claimant’s expert and treated his evidence with significant caution.

MJS Projects (March) Limited v RPS Consulting Services Limited [2025] EWHC 831 (TCC)