Case Updates

The RICS has recently published the 5th edition of its Surveyors acting as expert witnesses professional standard (‘standard’). We participated in the RICS consultation on the draft standard, and we are pleased to note that most of the issues we raised have been addressed in the final published standard and practice guidance. However, we continue to have concerns that the standard and the practice guidance may have the potential to mislead experts into not fully complying with the applicable rules and regulations. 

This month on the Expert Matters Podcast, we discuss acting for litigants in person. The accessibility of tools like generative AI is making litigation more accessible to unrepresented parties and it is increasingly likely that experts will be approached by litigant in person. We provide some advice for experts approached by a litigant in person and discuss how an expert should deal with the  situation where their previously represented party becomes a litigant in person. 

The Legal Aid Agency ('LAA') has issued Guidance on the Remuneration of Expert Witnesses in Crime Cases.

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team of Expert Witnesses operating nationwide in housing disrepair claims. Here, he tells us how the business came about, why impartiality is everything, and what advice he would give to any surveyor considering Expert Witness work.

UPDATED 10/6/26: Experts on Premex's panel have contacted the EWI to say that they will be subject to a15% service charge (plus VAT) on all invoices.

Judgement handed down provides greater clarity for Expert Witness Agencies/Panels.

JXX (a Protected Party by his Litigation Friend ABB) v Scott Archibald [2026] EWHC 630 (SCCO)

We have just completed the regular review of our Standard Expert Terms and Conditions of Engagement. The purpose of the Terms and Conditions is to help you ensure that you have appropriate contractual arrangements in place with the parties that instruct you.

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and regulations, go through a couple of cases, before hearing some great advice from the members of the EWI Editorial Committee and from Beth Rigby who presents EWI's popular CV Writing webinar. You can also catch 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. 

This case is of obvious importance to experts authorised by the Family Court to be instructed in public law proceedings but it has implications for all experts whose fees are to be paid by the Legal Aid Agency (LAA).

K, Re & Re S (Legal Aid: Experts' Fees) [2025] EWFC 100 

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you, don't miss the great advice in this month's episode where we talk to the wider EWI team on expert witness training, how to become an EWI member, and the key next steps to get your practice up and running, from setting up your business, terms and conditions, and insurance to sorting out your CV, marketing strategy and web presence.