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)

The Expert Witness Institute (EWI) is thrilled to announce its inaugural Study Day, a comprehensive event designed to empower both aspiring and seasoned expert witnesses. Mark your calendars for Monday, March 18th, and join us at the prestigious Rembrandt Hotel in South Kensington, London, for a full day of invaluable learning and networking.

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.

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where there is a financial element. She runs her own consultancy, Aston Accountancy Limited.

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

Colin Holburn is an EWI fellow, governor and founding member. A consultant in accident and emergency medicine, he has been practising as an Expert Witness for over 30 years. He tells us why he still loves Expert work and shares his advice for those interested in getting into the field.

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate your opinion and the stages in the proceedings where re-evaluation is most likely to occur, before hearing from three senior judges on how re-evaluating your opinion can sometimes be positive for your expert evidence, but may also be disastrous.