The EWI has just published its new guide to Becoming and Expert Witness. Written by EWI Member Paul Beckett, the guide is aimed at those who are considering undertaking, or who have just begun undertaking, Expert Witness work.

After summarising the case law, the court in this case stated that there is a high threshold to be reached in order for ill health or physical disability to impinge upon the court's approach to assessing the appropriate method of sentencing an offender. This is not to say that ill health or disability will never be taken into consideration as is indicated by these terms: ‘not generally’, ‘not automatically’, ‘can take account’, ‘may enable’, ‘not in itself’, ‘it may be permissible’, ‘in appropriate cases’, ‘permissible to have regard’ and ‘purely on the basis’.

Lavery, R v (Sentencing Remarks) [2026] NICC 5

The parties disagreed on the extent of the repairs required to the joists, and the manner in which the repairs should be effected, following the collapse of part of the ceiling in a building owned by the Claimant and partly leased by the Defendant. The Judge found that the Defendant’s expert’s failure to engage with all the available evidence and to seek to undertake a fuller examination of the joists meant that his evidence did not fully address the issues before the court.

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 especially transitioning from one to the other, with three guests who share their experiences and extremely helpful advice. We also briefly look at the role of the expert advisor when there is a Single Joint Expert, and assessors and scientific advisors. And, of course, 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.

We have previously considered the problem for experts of redacted medical records. This, and the actual disclosure of medical, and also safeguarding, records is an issue in this ongoing personal injury case.

Although it illustrates the tests that the court will apply in deciding on disclosure of records, it also seems to illustrate the oft made point that a case turns on its own facts. In this case disclosure of records relating to a particular letter became unnecessary when it was established that the letter did not relate to the claimant. The relevance of the claimant’s mother’s immigration records arose out of the coincidence in time of a stage in her appeal process and a deterioration in the claimant’s condition.

RFV v Middleham [2026] EWHC 916 (KB) 

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The case focussed on the validity of a will and codicil made by a wealthy lady, Mrs MacDougall, as well as a number of substantial gifts and transactions made in the years before her death. Both parties called experts in Old Age Psychiatry to provide evidence on issues of testamentary capacity, as well as Mrs MacDougall’s vulnerability to undue influence.

In these professional disciplinary proceedings it was considered highly unusual for an expert to act on behalf of a Registrant having also provided a character reference in support of the same Registrant.

Mew v General Dental Council [2026] EWHC 1116 (Admin) 

The case concerned around 40 studio recordings of performances which were given by the members of the Jimi Hendrix Experience. The expert witnesses in New York law were commended by the judge on their written and oral evidence. The judge was not persuaded by any of the criticisms of the claimants' expert made by the defendant.  

Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Limited [2026] EWHC 983 (Ch)

Despite attacks on the expert’s credibility, the judge provided praise for all three experts in the case of Gillian Dakin v South Tees Hospitals NHS Foundation Trust.