Expert Matters - The Podcast

This judgment appears to provide some clarity on an issue about which seemingly conflicting advice is given to experts. It concerns the listing of documents and materials. 

Brown v Sterne [2025] NIMaster 15

The Petitioner, who was one of 15 candidates in an English Parliamentary By-Election, alleged that his vote count of 50 was fraudulently pre-determined. The expert statistician for the Petitioner based his opinion solely on the evidence of the Petitioner, which was contested. He was unaware of the contents of the Respondents’ witness statements and had not taken them into account.

This is an important judgment for experts instructed in cases where there is an issue as to whether thrombolysis should have been carried out following a stroke. The court considered a number of relevant publications.

For experts in psychiatry and psychology, it is important as it illustrates how the court tests evidence in cases involving performance validity testing.

Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 (KB) 

The case was a claim in negligence arising out of complications following bariatric surgery. When he was asked during cross-examination to explain the Bolam test, the Claimant’s expert was not able to demonstrate an accurate understanding of, or ability to explain, the test.

One of the important differences between Ireland and other British Isles jurisdictions is in the procedures followed in personal injury litigation. This case is illustrative. If the plaintiff had brought his case in England or Wales, how would this case have progressed?

Keogh v O'Keeffe [2025] IEHC 26

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The Claimant alleged that an accident five years earlier was the cause of the amputation of his lower leg. The judge criticised the Claimant’s orthopaedic expert, Professor H, for demonstrating at times a rather ‘loose approach’ to his expert evidence and a closed mindedness towards his evidence.

The Civil Procedure Rule Committee is undertaking a consultation regarding the effectiveness of the extension of Fixed Recoverable Costs (FRC), inviting feedback as part of an evidence-gathering initiative conducted in collaboration with the Ministry of Justice (MoJ). You can input into the EWI response by completing a survey of the consultation questions. 

It is not easy to appreciate the significance of this judgment for experts in general without reading the summary so the ‘Commentary’ is at the end. The neuropsychological test results are perhaps not of particular interest to psychologists and psychiatrists at this stage in the proceedings but may become so if the case does not settle and it goes to trial. 

Perrin v Walsh (Rev1) [2025] EWHC 2536 (KB)

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit Commercial Court of the King’s Bench Division and the Financial List (Commercial Court and Chancery Division).