29 July Case Updates Extradition and suicide risk Psychology, Extradition, Suicide risk, Psychiatry, Turner proposition 4 This case is important for two reasons. It illustrates that having “no control over actions” and “not making a rational decision" to end his life can be construed as satisfying Turner proposition 4. It makes clear that Turner proposition (4) is not directed at the general background or lead-up to a suicide attempt but is focused on the moment in time when suicide is attempted. Hebda v District Court in Krakow, Poland [2025] EWHC 860 (Admin)
24 July Case Updates A fundamentally flawed report 06. Rules and Regulations, 11. Report Writing, 16. Criticism and Complaints The parties unanimously agreed that the report of a Court appointed expert was fundamentally flawed, could not be relied upon, and a new psychologist would need to be instructed after the expert directly challenged the findings of the Court and the soundness of the evidence on which those findings were based. The Court denied the expert’s subsequent request for anonymity. Liverpool City Council v A & Ors [2025] EWHC 1474 (Fam)
22 July Case Updates Expert evidence and the materiality of a risk Legal test, Consent to treatment, Orthopaedics, 11. Report Writing, 12. Responding to questions Although this is an orthopaedic case and in which given its preliminary nature the expert evidence was not tested, it is helpful for experts in general as well as orthopaedic experts. It sets out the law on consent as established in not only Montgomery but also in McCullough. It touches on orthopaedic experts giving evidence in cases outside their own subspecialty. Butler v Ward [2025] EWHC 877 (KB)
17 July Case Updates Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1383 (Admin) Artificial Intelligence, AI The barrister for the Claimant was unable to explain to the court's satisfaction why she had cited several non-existent cases in pleadings. The case was referred to the High Court for its consideration which commented on the use of artificial intelligence in court proceedings.
15 July Case Updates ADHD, ASD and disability Autistic spectrum disorder, Psychology, Psychiatry, Equality Act 2010 This case is a useful reminder about the meaning of disability in the Equality Act and the matters that expert evidence must address. Stedman v Haven Leisure Ltd (DISABILITY DISCRIMINATION) [2025] EAT 82)
10 July Case Updates Most unsatisfactory expert paediatric evidence 11. Report Writing, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge For paediatricians this is an example of how not to conduct an expert paediatric assessment and present the results to the court. It also illustrates some basic points applicable to all experts. M v F [2025] EWFC 150 (B)
8 July Case Updates Email chains, gross misconduct and the experts who count the cost 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. Criticism and Complaints, 17. Maintaining your professional edge Mrs Justice Joanna Smith provides an incredibly useful judgment following the hearing at the High Court in March of this year. Previous case law and legal tests for gross misconduct were addressed and applied given that such allegations underpinned the case. The parties adduced expert evidence to establish the value of shares on the assumption that warranties had been breached.This update focuses on both experts’ evidence given that the approaches were significantly different and that one was clearly preferred over the other. Inspired Education Online Limited -v- Tom Crombie [2025] EWHC 1236 (Ch).
3 July Case Updates Biased instructions, harassment and acting pro bono 07. Receiving Instructions, 08. Working with Instructing Parties, Pro Bono Few reported cases assist as to expert evidence in cases of harassment and on the issue of injury to feelings as distinct from psychiatric injury. This summary should be read for this reason. It illustrates how the expert should respond to less than neutral instructions. It illustrates how cardiological evidence was analysed in order for the court to conclude that the defendant’s course of conduct had caused a myocardial infarction. It also reveals the charitable aspect of pro bono legal practice. Wei v Long [2025] EWHC 912 (KB)
1 July Case Updates An ounce of reasoning is worth a pound of opinion Testamentary capacity The defendants denied the validity of a will on the grounds that the testatrix lacked testamentary capacity. The judge found that the conclusion of the jointly instructed expert as to testamentary capacity was inadequately reasoned and evidenced. Carolyne Mary Parfitt v Victoria Jane Jones & Anor [2025] EWHC 1552 (Ch)
27 June Case Updates Legal Aid: Experts' Fees 03. Setting Fees and Getting Paid, Legal Aid 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