6 June Case Updates Disability and exclusion from school 11. Report Writing, Educational psychology, Occupational therapy There was no dispute about the expert evidence in this case but it is of interest for several reasons. First, it sets out in some detail the evidence of experts in educational psychology and occupational therapy and it therefore provides examples for those healthcare specialties of how to make their bodies of knowledge understandable to a tribunal. Second, it illustrates the role of experts when their evidence is admitted by a specialist tribunal. Third, it sets out the test of which experts need to be aware in cases of alleged disability discrimination arising from a school’s treatment of a pupil with behavioural difficulties. Fourth, although psychiatrists and psychologists are often advised to keep the unconscious out of the witness box, for reasons to do with proof, it is encouraging to find a tribunal accepting such evidence. B v The Proprietor of St Dominic's Grammar School [2025] UKUT 48 (AAC)
4 June Case Updates Philipa Hodgson v Dr Daniel Hammond & Anor [2025] EWHC 1261 (KB) 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, GP Expert Witnesss, pelvic inflammatory disease The claimant brought a clinical negligence claim against two general practitioners alleging that they failed to act on a potential diagnosis of pelvic inflammatory disease. The judge found that one of the GP experts had trespassed on the judicial function to determine the facts and had sought to advocate on behalf of the second defendant.
28 May Case Updates Rough or inappropriate handling of an infant CMV infection, bone biochemistry As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in hospital, such as holding of wrists for blood to be drawn, application of masks to assist breathing and holding of head still, to what would be expected in a normal domestic setting. It illustrates how a CMV infection complicated the court’s analysis of the evidence. N, In the Matter Of [2024] EWFC 378
23 May Case Updates Unresponsive episodes in a child and the role of chloral hydrate 11. Report Writing, 15. Giving Oral Evidence, chloral hydrate, epilepsy, unresponsive episodes For the specialists this case illustrates how the court investigates case of perplexing presentations in children and the importance of considering as many as possible explanations. This was a case where the medical history was complex and where the material events occurred over a 5 months’ admission, so the volume of medical records must have been immense. The court was obviously greatly assisted by the expert factual evidence of one of the child’s consultants, specifically his summary of the child’s medical conditions and his table of medication. The weakness of one of the experts was that he had not sufficiently familiarised himself with the contents of the medical records and was not as familiar as with the chronology of the case as he might have been if he had created a chronology in his own investigation of the case. A Local Authority v Mother [2024] EWHC 3511 (Fam)
16 May Case Updates Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch) 06. Rules and Regulations, 11. Report Writing, 07. Receiving Instructions, 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small farm neighbouring their property. While the judge accepted some of the claimants’ criticisms of one of the defendants’ experts, he also noted that the claimants could not complain about the consequences of their putting in new evidence that was not in accordance with the timetable laid down at the CCMC.
14 May Case Updates Aerotoxic syndrome Neurology, Neuropsychology, Scotland, Toxicology, Aviation Medicine, aerotoxic syndrome Personal injury claims are being brought by approximately 220 pilots and cabin crew at the High Court in London on the grounds of aerotoxic syndrome (ATS). This group of claimants includes 51 claims which were issued by Thompsons in March 2019 involving pilots and cabin crew working for EasyJet, British Airways, Thomas Cook, Jet2 and Virgin Atlantic. These two claims are not included in these ongoing English collective proceedings. These were claims by two pilots who lost the chance of bringing successful claims as a result of the admitted negligence of a Scottish law practice. Gough v Cannons Law Practice; Montague-Trenchard v Cannons Law Practice (Court of Session) [2025] CSOH 28
8 May Case Updates Attention deficit hyperactivity disorder, dyslexia and litigation capacity litigation capacity, 11. Report Writing, 10. Records Assessments and Site Visits In short, the case illustrates a very common situation in which, on the basis of what is often an appropriately diagnosed psychological condition or mental disorder, it is asserted that a litigant is not capable of participating in legal proceedings. In criminal cases, in relation to the accused, the issue is usually fitness to plead and stand trial. In civil proceedings the issue is litigation capacity. As is often the case, the court’s decision is influenced by how the litigant has functioned in previous cases or earlier in the instant proceedings. F v W [2024] IEHC 631
6 May Case Updates Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence The Claimant claimed he had suffered a substantial loss due to the destruction of two consignments of poppy heads by the Defendants. The parties were given permission to rely on the written evidence of expert accountants. The Claimant made an application to the Court for the accountancy expert witnesses to give oral evidence at the trial and an application to adduce evidence prepared by his son.