Diclofenac and the risk of post-ERCP pancreatitis Diclofenac and the risk of post-ERCP pancreatitis

Diclofenac and the risk of post-ERCP pancreatitis

Although the detail of this judgment is for diabetologists and gastroenterologists it is of general interest with regard to its treatment of...
Restrictions on unregulated Experts in Family Law Children Proceedings Restrictions on unregulated Experts in Family Law Children Proceedings

Restrictions on unregulated Experts in Family Law Children Proceedings

The Family Procedure (Amendment) Rules 2026 amend the Family Procedure Rules 2010 to restrict unregulated experts from acting as expert witnesses in...
Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch) Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch)

Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch)

The claimant sought damages amounting to the difference between the £16.9 million contract sale price from a failed house sale and the sum ultimately...
Podcast Episode 27: A case that changed me -  Tony Saggers Podcast Episode 27: A case that changed me - Tony Saggers

Podcast Episode 27: A case that changed me - Tony Saggers

In this month's in 'A case that changed me' we are talking with Tony Saggers who is a Threat, Risk and Harm consultant, with 30 years of...
Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service  Board:... Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board:...

Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board:...

The decision in O'Neill v Scottish Ambulance Service Board [2025] CSOH 17 provides important guidance on the legal and professional standards...
Advocate Economists and the Competition Appeal Tribunal Advocate Economists and the Competition Appeal Tribunal

Advocate Economists and the Competition Appeal Tribunal

At a recent Frontier Economics Litigation event, the President of the Competition Appeal Tribunal, The Honourable Mrs Justice Bacon, warned that...
EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports

EWI Annual Conference 2026: Opening keynote tackles the use of AI in Expert Reports

“If an Expert, a lawyer, an accountant, an engineer, a doctor produce inaccurate or unreliable opinions or use hallucinatory references, they are...
A Day in the Life of a General Practitioner Expert Witness A Day in the Life of a General Practitioner Expert Witness

A Day in the Life of a General Practitioner Expert Witness

Dr Frances Cranfield is a GP, Assistant Coroner, and a founding member of the Expert Witness Institute. With three decades of experience spanning...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Podcast Episode 25: Preview of the EWI Annual Conference 2026 Podcast Episode 25: Preview of the EWI Annual Conference 2026

Podcast Episode 25: Preview of the EWI Annual Conference 2026

This month on the Expert Matters Podcast, we preview the EWI  Annual Conference which will be held virtually on 19 June 2026. We look at some of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

A Day in the Life of a Housing Disrepair Expert Witness

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...

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Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Can capacity be assessed on papers without a consultation?
Case Updates

Can capacity be assessed on papers without a consultation?

Any uncertainty as to whether a psychiatrist can provide an expert report as a paper-based assessment is answered by this case.

In this case the paper-based assessment was sufficient for the court to conclude that, having regard to the Mental Capacity Act 2005, s 48, there were "reasons to believe that the Appellant lacks capacity". However, the fact that the court did not make a finding of a lack of capacity and transferred the case to a Tier 3 (High Court) Judge of the Court of Protection in order to determine the matter of capacity indicates how the court recognises how much more difficult it is to make a finding when the report relies on a paper-based assessment compared to a consultation with the subject of the report.   

MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579 

JXX v Scott Archibald [2025] EWHC 69 (SCCO)
Case Updates

JXX v Scott Archibald [2025] EWHC 69 (SCCO)

In considering whether the claimant should be required to provide a breakdown of expert and medical agency fees, the judge decided to offer the claimant the option of either providing the breakdown of expert and medical reporting organisation fees, to enable an assessment of work of both the expert and the MRO, or not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

Call for evidence: Use of evidence generated by software in criminal proceedings
News

Call for evidence: Use of evidence generated by software in criminal proceedings

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings.

The call for evidence is to help the Ministry better understand how the current presumption concerning the admissibility of computer evidence is working in practice, and whether it is fit for purpose in the modern world. 

Consent – post-Montgomery
Case Updates

Consent – post-Montgomery

Although this is a dental/maxillofacial negligence case, it is of importance for all healthcare experts instructed in cases where consent may be an issue. It highlights points about which experts should enquire when there may be an issue as to consent to a surgical or other procedure. In this case it was found that the consent process was deficient in a number of respects. It is also a case which illustrates how expert evidence can separately assist the court on the issues of breach of duty, causation, condition and prognosis.

Winterbotham v Shahrak (Rev1) [2024] EWHC 2633 (KB) 

Government Response on Revisions to the Medical  Reporting Process for Road  Traffic Accident Claims
News

Government Response on Revisions to the Medical Reporting Process for Road Traffic Accident Claims

The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting Process for Road Traffic Accident Claims’. The report setting out the government's response summarises the responses received, along with information on the decisions taken and the next steps in relation to implementing outcomes related to the policy proposals consulted upon.

The Government is also engaging with stakeholders until 31 January 2025 on one of its next steps, further revisions to the fixed cost medical reports. 

Podcast Episode 8: Re-evaluating your opinion
Podcast

Podcast Episode 8: Re-evaluating your opinion

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate your opinion and the stages in the proceedings where re-evaluation is most likely to occur, before hearing from three senior judges on how re-evaluating your opinion can sometimes be positive for your expert evidence, but may also be disastrous. 

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