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 the themes from expert witness conferences in 2025, including talking to Holly King about 'How to reduce the re-traumatisation of claimants in medico-legal litigation claims', consider the programme for our 2026 conference, and introduce a new segment on the podcast called 'A case that changed me'. 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.

The judgment dealt with two test cases and a number of generic issues arising from a series of claims brought by former members of the military for damages for noise induced hearing loss (‘NIHL’). The judge preferred the evidence of the defendant’s employment expert who had more relevant experience and knowledge and engaged more critically with the evidence.  

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team of Expert Witnesses operating nationwide in housing disrepair claims. Here, he tells us how the business came about, why impartiality is everything, and what advice he would give to any surveyor considering Expert Witness work.

The importance of this case is that it confirms that medical practitioners providing evidence as to a patient’s fitness to participate in legal proceedings are providing expert evidence. It may be termed ‘professional’ evidence but it is expert evidence. It is expert evidence because the medical practitioner is assisting the court as to matters outside the knowledge and experience of the court. In this case the court depended on the applicant’s general practitioner to understand complex PTSD, spiking of blood pressure to dangerous levels and dysphonia and how they made the applicant unfit to participate in her appeal against the order made by the court as to the disposal of her son’s ashes.

Julie Karen Hoarean v Paul Anthony Read [2026] EWHC 763 (Ch)

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)

Recent events in the middle east have reminded us all how quickly dangerous situations can arise. Members may regularly act in conflict zones, or be offered work that requires them to travel to conflict zones to, for example, inspect property damage, etc.  

Before you accept instructions for international work in conflict zones, we recommend you stop and consider these points set out in this article.  

The case of Maina Kumari Rai v Advantage Insurance Company Limited (T/A Hastings Insurance) [2026] EWHC 784 (KB) provides a good reminder that previous criticism can be brought up to discredit your expert evidence.

The outcome of an Expert Determination is final and binding. However, there are circumstances in which the outcome can be appealed. The case of GSY Hospitality Limited v Gladstone Court Developments Limited Neutral Citation Number[2025] EWHC 3231 (TCC) sets out these circumstances.

Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

In the third article in the series, Sean Gates discusses his experience of working with expert witnesses in the aviation sector.

Whether you are just starting out as an Expert Witness or an experienced Expert Witness looking to increase the number of instructions you are receiving, developing your approach to marketing is an important step.