5 February Case Updates Alame & Ors v Shell PLC & Anor [2025] EWHC 1539 (KB) 16. Criticism and Complaints, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, Nigeria 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.
3 February Case Updates The expert's flawed understanding of the intermediary's role Intermediary, 06. Rules and Regulations, 11. Report Writing 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
28 January News Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and Communication guidance, forensic science regulator, 06. Rules and Regulations, Forensic science activities The Forensic Science Regulator has published new Guidance on Forensic Science Activities: Interpretation and Communication. The Guidance applies to all practitioners and sets out principles and expectations for interpretation and communications of observations from forensic science activities.
13 January News Quarterly Update on EWI's Advocacy Work forensic science regulator, Civil Procedure Rule Committee, Family Procedure Rule Committee, Advocacy, Housing Condition Strategy Group, 06. Rules and Regulations, Online Procedure Rule Committee, Criminal Procedure Rule Committee, Competition Appeal Authority One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the experience of our members, and the needs of the expert witness community and the wider justice system. In this update, we discuss key policy developments and our advocacy work over the last couple of months.
30 December Case Updates Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch) Forensic accountancy, CPR, Admissibility of expert evidence, 07. Receiving Instructions, 06. Rules and Regulations, 11. Report Writing, Hearsay evidence The judge found that the report by the claimants’ forensic accounting expert was not expert evidence because it simply reported what the underlying documents said in a more digestible way, without adding any expert opinion. On the one or two occasions where the expert did offer an opinion, they were not opinions on any accountancy matter.
23 December News Review of 2025 review, 01. Starting your Expert Witness Business, 16. Criticism and Complaints, 17. Maintaining your professional edge, 06. Rules and Regulations, 15. Giving Oral Evidence EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2025, a year where Expert Witnesses have continued to come under increasing scrutiny.
18 December Case Updates A deficient capacity assessment Capacity assessment, 07. Receiving Instructions, 10. Records Assessments and Site Visits, 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct legal proceedings, in this case sixteen sets of proceedings, the expert has to consider each set of proceedings. The person may have the capacity to conduct some and not others. Johnston v Financial Ombudsman Service [2025] EWCA Civ 551
15 December Podcast Podcast Episode 20: Review of 2025 01. Starting your Expert Witness Business, 19. Approaching Retirement, AI, 05. Alternative Dispute Resolution, Transparency and Open Justice, 06. Rules and Regulations, 08. Working with Instructing Parties, Previous Criticism Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over the course of the year. We also check out how our predictions for 2025 turned out, before having another go for 2026 and hearing the 2025 highlights from some of the members of our Editorial Committee.
11 December Case Updates Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch) 16. Criticism and Complaints, Forensic Accounting, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 08. Working with Instructing Parties, 12. Responding to questions, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence The Claimants brought an action against the Defendant, the Secretary of State for Education, for negligence and misfeasance in public office, relating to the actions of the Skills Funding Agency (‘SFA’), for which the Defendant is responsible. The Claimants alleged that the acts of SFA prevented them from selling their business for around £27 million, plus a lost chance of converting around £10 million in rollover loan notes. The Defendant issued an application to revoke the Claimants’ permission to rely upon their forensic accounting expert evidence, because it had become clear that one of the Claimants, who was a trained accountant, had had significant secret involvement in the preparation of the expert’s report and the Joint Statement.
9 December Case Updates Without hesitation, I attach no weight whatsoever …. Psychology, Psychiatry, 16. Criticism and Complaints, 06. Rules and Regulations A section of this judgment is headed ‘Directions concerning the medical expert’. There was no medical expert in this case. There was a report from a psychotherapist. The psychotherapist in question is not registered with the General Medical Council or the Health and Care Professions Council, and it appears that she is not registered with the UK Council of Psychotherapy or the British Association of Counselling and Psychotherapy. This had been an issue in Dosti v SSHD [2002] UKIAT 04021 at §11 where it is stated that there was some doubt as to whether an accredited psychotherapist was an appropriate person to give an expert report on the psychiatric health of a claimant. In this case the tribunal had no evidence as to any accreditation whatsoever. Iqbal v The Secretary of State for the Home Department [2025] UKAITUR UI2023001320