Case Updates

The expert acting for the appellant had appeared before the Valuation Tribunal for England as advocate and expert for the appellant, and he continued to represent the appellant in its appeal before the Upper Tribunal (Land Chamber) until counsel was instructed close to the date of the hearing. The Tribunal noted that experts in these circumstances must take particular care to acknowledge their position and explain how compliance with the duties of an expert has been achieved.

Espresso Rooms UK Limited v Nicola Johnson [2026] UKUT 70 (LC)

In this case, the Family Court makes clear the position with regard to people who describe themselves as psychologists but are not (a) regulated by a UK statutory body; or (b) on a register accredited by the Professional Standards Authority for Health and Social Care; or (c) regulated by an approved regulator under the Legal Services Act 2007.     

Y (Experts and Alienating Behaviour: The Modern Approach), Re [2026] EWFC 38

Shortly after the close of the trial, the Claimants sought permission to rely on a short further addendum report from their expert in PRC law, Mr X. The Judge refused the application on the grounds that it would not be fair or proportionate to admit further expert evidence from Mr X.

Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

The first article in the series is by Richard Black and Jennifer Fitzmaurice from Eversheds Sutherland on their experience of working with expert witnesses in the construction industry. 

The Civil Justice Council (‘CJC’) has published an Interim Report and Consultation on the Use of AI for preparing court documents. The focus of the consultation paper is whether court rules are required to regulate the use of AI by legal representatives. However, the consultation also examines whether the use of AI by experts should be subject to court rules, with specific proposals set out in Part 8 of the consultation document.

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case of Kolomoisky, and hear the thoughts and advice of the members of the EWI Editorial Committee. As always, you can also listen to 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. 

You can listen to the Expert Matters Podcast on a number of podcast apps, including spotify and apple podcasts. 

The claimant alleged that the second defendant, a Spanish racing driver, had repudiated a binding agreement under which he was contracted to drive for the claimants’ IndyCar team for the 2024, 2025 and 2026 racing seasons. The judge found some of the expert witnesses to be impressive and independent, while the expert evidence of others was unimpressive and disappointing.  

This case illustrates the factors taken into account in Scotland in deciding whether to grant an application for certification of an expert which is necessary if the charges of a skilled person are to be recovered from other parties by way of judicial expenses.

Grant v Lothian Buses LTD [2025] CSOH 98

The case was a group litigation concerning extensive oil pollution which affected two regions in the Niger Delta in Nigeria. The judge rejected the strident criticism of the experts who were called to provide evidence on aspects of Nigerian law.

It appears that in this case an expert recommended the appointment of an intermediary without understanding the role of an intermediary. The court did accommodate proper breaks and ensured clear explanations as to the charges faced.

R v Sartip-Zadeh [2025] EWCA Crim 1250