09 January 2026 Sean Mosby 1647 Case Updates LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB) by Sean Mosby Summary The claimant, who suffered brain damage at birth, relied on a report commenting on the allegation of negligence prepared by Mrs S, a midwife. The judge was concerned about the objectivity of Mrs S’s expert evidence because she was heavily involved in the business of litigation and gave evidence which he considered was uncompromisingly critical of the defendant. Learning points Be aware of how your CV may appear to the court, especially if you are heavily involved in the business of litigation, with work in your professional field taking a very secondary role. Ensure that you are able to explain to the court why this does not impact the currency of your professional competence or your objectivity and independence. Making reasonable concessions when giving evidence may be seen by the court as a sign of your objectivity and independence. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags Midwifery16. Criticism and ComplaintsCV11. Report Writing15. Giving Oral Evidence Related articles Nord Stream AG v Lloyd's Insurance Company SA & Anor Neutral Citation Number[2026] EWHC 1685 (Comm) X and Y (Care Proceedings: Publication of Judgment: Criticism of Expert Witness), Re Expert Witnesses at a Turning Point Podcast Episode 28: Reflections on the EWI Conference 2026 A Day in the Life of a Dangerous Dog Legislation Expert Witness Switch article The first-time expert Previous Article Podcast Episode 21: Responding to Written Questions Next Article Comments are only visible to subscribers.