2 September Case Updates Investigating possible non-accidental injuries in children 11. Report Writing, 15. Giving Oral Evidence, 17. Maintaining your professional edge In this case of suspected non-accidental injuries to an infant, only one of the experts was required to give evidence. This was Professor Fleming and as the judge found that he gave his evidence in his characteristically understated and calm fashion and was precise, knowledgeable and reasonable in his evidence, it is set out here in full as a model. The case also illustrates how the expertise of clinical geneticists, endocrinologists, haematologists, neonatologists, paediatricians and radiologists can all be necessary where non-accidental injury of a child is the issue.
1 September News The Expert Witness Institute and Expert Insight Announce Strategic Partnership to Elevate Standards for Psychologists The Expert Witness Institute, the UK’s leading body for expert witnesses, is proud to announce a new partnership with Expert Insight, a community dedicated to supporting registered psychologists working as expert witnesses.
28 August Case Updates DHV (A Protected Party through his Litigation Friend WTX) v Motor Insurers' Bureau [2025] EWHC 2002 (KB) 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge, Spanish Law The Claimant brought a claim for compensiation in the UK after he was hit by an uninsured driver while on holiday in Mallorca and suffered major injuries, including severe brain injuries. The court found the evidence of several of the experts to be unsatisfactory leading the judge to preface his assessment of the expert witnesses with the observation that “[t]he court is not bound by the conclusions of any expert if it offends logic and common sense. We do not have trial by experts.”
26 August Case Updates Loose talk, snide remarks and the expertise of general practitioners Psychiatry, Disability, General Practice, Clinical Depression, Disability Discrimination Act 1995 This is an important case for three reasons. First, it found that a general practitioner, giving evidence about the depressive disorder diagnosed in primary care, was giving expert evidence. Second, it illustrates the difficulties for courts and tribunals arising from the looseness with which some medical professionals, and most laypeople, use such terms as "depression" ("clinical" or otherwise), "anxiety" and "stress" and to which list can be added, also for the benefit of surgeons, “shock”. Third, it is a good illustration of the approach likely to be taken in an Employment Tribunal disability case. J v DLA Piper UK LLP [2010] UKEAT 0263 09 1506
21 August Case Updates Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB) 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge, Haemorrhoidectomy 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.
19 August Case Updates What does deterioration mean? Psychiatry, 11. Report Writing In this case the issue was the extent or degree of the deterioration, its real world impact in terms of effect on daily life and ability to cope and the mitigating effects of help and treatment. Singh v The Secretary of State for the Home Department [2025] UKAITUR UI2024000275
15 August Podcast Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness Practice 06. Rules and Regulations, 01. Starting your Expert Witness Business, 04. Marketing, Expert Witness Training, EWI Membership 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.
14 August News How should Experts disclose criticisms when they are frequently unaware of the outcome of the case? 07. Receiving Instructions, 08. Working with Instructing Parties, 16. Criticism and Complaints The judgement from The Honourable Mr Justice Trower asserts that Expert Witnesses have a duty to disclose previous criticisms of their evidence in judgments.
14 August Case Updates Rebecca Hepworth v Dr Amanda Coates [2025] EWHC 1907 (KB) 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge, 10. Records Assessments and Site Visits The Claimant sought damages for clinical negligence from the Defendant who, she asserted, failed to diagnose red flag symptoms of cauda equina syndrome at a face to face consultation. The Claimant’s neurorehabilitation expert prepared his reports, engaged in an expert discussion, and signed the Joint Statement, without having seen the Claimant’s witness statement or the reports of other relevant experts.
12 August News Access to Justice Inquiry Legal Aid, Justice Committee, Access to Justice The House of Commons, Justice Committee has published a Call for Evidence for its Inquiry on Access to Justice. The Inquiry will examine how advice and legal services are adapting to secure access to justice across civil, criminal, and family law, and the impacts of the cyber-attack on the Legal Aid Agency.