The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves.

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) 

A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental capcity in civil proceedings. The working group notes this has been addressed to date by ad hoc solutions which have led to inefficiency, inconsistency of practice, and actions being taken without a clear legal basis.