The judgment dealt with two test cases and a number of generic issues arising from a series of claims brought by former members of the military for damages for noise induced hearing loss (‘NIHL’). The judge preferred the evidence of the defendant’s employment expert who had more relevant experience and knowledge and engaged more critically with the evidence.  

The importance of this case is that it confirms that medical practitioners providing evidence as to a patient’s fitness to participate in legal proceedings are providing expert evidence. It may be termed ‘professional’ evidence but it is expert evidence. It is expert evidence because the medical practitioner is assisting the court as to matters outside the knowledge and experience of the court. In this case the court depended on the applicant’s general practitioner to understand complex PTSD, spiking of blood pressure to dangerous levels and dysphonia and how they made the applicant unfit to participate in her appeal against the order made by the court as to the disposal of her son’s ashes.

Julie Karen Hoarean v Paul Anthony Read [2026] EWHC 763 (Ch)