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Mesothelioma or lung cancer?
Case Updates

Mesothelioma or lung cancer?

The claimant was diagnosed in 2023 with mesothelioma, after attending his general practitioner complaining of shortness of breath. Initially, the treating hospital considered he was suffering from lung cancer but later, after further consideration, they revised their diagnosis to mesothelioma. The court found that when the expert for the claimant suggested molecular testing, he was seeking to explore the possibilities of resolving the diagnosis, while the court was troubled by the defedant's expert's view that it was not necessary to go on to consider molecular testing when the results of the immunohistology were available. 

David McNally v Gentoo Group Limited Neutral Citation Number [2026] EWHC 750 (KB)

Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts
Case Updates

Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts

Although the detail of McIntyre, R v [2026] NICC 2 will probably be of importance only for forensic science imagery analysts, it is important for experts in criminal cases in Northern Ireland, for forensic clinicians insofar as their activities fall within the remit of the Forensic Science Regulator, and it is of general interest as it illustrates the risks for experts instructed by the prosecution of not ensuring an appropriate distance from the investigating police officers.

How fees and expenses are analysed in the age of remote consultations
Case Updates

How fees and expenses are analysed in the age of remote consultations

Tasib, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) makes for interesting reading because it illustrates what information lawyers and courts need when deciding which expert to instruct and how they look at experts’ fees and expenses. The cheapest report will not be provided by the expert with the lowest hourly rate if they spend much longer on the case than more expensive experts. It makes a difference whether there is a charge for travelling expenses.

What were the effects of repeated sexual abuse at the hands of a schoolteacher?
Case Updates

What were the effects of repeated sexual abuse at the hands of a schoolteacher?

This case illustrates a number of difficulties for the adult victims of childhood sexual abuse. Diagnoses of psychiatric disorder in childhood have to be made retrospectively. Contemporaneous records may be missing, incomplete or insufficiently detailed. Even where the only adverse childhood experience is the sexual abuse, it is difficult to prove that the victim’s subsequent trajectory in life has been any different to what it would have been but for the sexual abuse.

DBAK v The Governors of the Fettes Trust [2026] CSOH 5

Experts and alienating behaviour: a fundamentally unsound process
Case Updates

Experts and alienating behaviour: a fundamentally unsound process

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

Negligent ankle surgery?
Case Updates

Negligent ankle surgery?

This case concerns the treatment of an ankle injury. Although the orthopaedic experts expressed fundamentally opposing views concerning the appropriate management of the injury and the court did have to resolve some issues by deciding whose evidence to accept, an unusual feature of this case was the significance of the fact that the evidence of the defendant orthopaedic surgeon evolved and developed during the course of the forensic process leading the court to the irresistible conclusion that the defendant's witness statement and his account at trial were almost certainly an amalgam of what the defendant thought and his expert’s opinion of which parts were found to have been copied and pasted into his witness statement. So, the court found that the defendant's account of his reasoning and recollection had been, no doubt unwittingly, influenced by expert opinion.

Ebanks-Blake v Calder [2025] EWHC 3327 (KB) 

A deficient capacity assessment
Case Updates

A deficient capacity assessment

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

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