Case Updates

In this patent case, the judge noted that neither expert was a native English speaker and both had difficulties with questions put to them during cross-examination. The misstep of one expert over the word “buckling”, which he had used in his report, and his use of a translator during cross-examination for reference, led the judge to approach his written evidence with a degree of caution.

Salts Healthcare Limited v Pelican Healthcare Limited [2025] EWHC 497 (Pat)

This is a case in which the tribunal was critical of an expert witness. One criticism was that he did not expressly acknowledge the guidance provided in the Ikarian Reefer in his declaration – “a step taken by many experts who prepare reports for this Chamber”.

UI2023005210 [2024] UKAITUR UI2023005210

While the Judge in this extradition appeal ultimately reached the same conclusion as the District Court Judge, and dismissed the appeal, he pointed out significant deficiencies in how the District Court Judge had treated the expert psychological evidence.

The judge preferred the evidence of the Claimant's expert because of the Defendant's expert’s approach to his task as expert, his confusion over the proper approach to what prior art was and was not in the common general knowledge, the number of assertions he made which he was forced to resile from as incorrect, and his failure to acknowledge a key fact.

The issue in this judicial review did not turn on the expert evidence but the case illustrates the role of a medical reporting organisation (MRO) in a particular civil case and there are some general learning points.

Of note, the MRO did not arrange the correction of an erroneous date, it did not recognise how the evidence set out by the expert was seemingly insufficiently referenced and it did not recognise that there would be questions as to how some of the expert’s conclusions were reached.

Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council [2025] EWCA Civ 21

This is a case which will assume much greater importance for the 15 points of practice and practical steps that the judge decided can help reduce the risk of well-meaning professionals falling into pitfalls that hinder the identification of safeguarding issues at an early stage than as a case with learning points for experts.

For some of the experts in the fields from which jointly appointed experts were instructed, it illustrates how their evidence is tested and applied in a case of suspected fabricated or induced illness (FII).

Re N (Children: Fact Finding - Perplexing Presentation/Fabricated or Induced Illness) [2024] EWFC 326

A psychiatrist whose evidence had often been admitted in capacity cases was assisted in this case of a hearing-impaired person by an interpreter who had British Sign Language (BSL) Level 1 training. Her assessment was subsequently criticised as she conducted the assessment without ‘suitable specialist learning support’.

For psychiatrists and psychologists, the case illustrates the importance, in the case of some hearing-impaired subjects, of being assisted, or of the assessment being carried out, by a psychologist or psychiatrist who has experience of the assessment and treatment of hearing-disabled people.

Oldham Metropolitan Borough Council v KZ (Rev1) [2024] EWCOP 72 (T3) 

The Appellant was given permission to change neurology experts after the judge found that the application was not so late as to be prejudicial to the Respondents, and that the Appellant was not engaging in expert shopping.

The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert witness, both as to form and as to substance.

Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB)

In this Bermudan case, the appellant successfully appealed to the Judicial Committee of the Privy Council to have his convictions quashed because of errors in the collection, examination and interpretation of the DNA expert evidence used in the trial.

Julian Washington (Appellant) v The King (Respondent) (Bermuda) [2024] UKPC 34