Case Updates

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) 

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)

From March to June 2025, the Family Procedure Rule Committee held a consultation on new Family Procedure Rule 25.5A concerning the instruction of unregulated experts. The Committee has now indicated that changes to the FPR on unregulated experts in children proceedings will be included in the next statutory instrument, expected in July, alongside the corresponding practice direction changes.

This case, in the Court of Protection, concerned whether a wealthy, elderly man lacked capacity. The judgment dealt primarily with an application by respondents 2-7 to replace the jointly instructed expert with a new expert or, at the very least, permission for them to instruct their own expert.   

The judge did not find grounds to end the Single Joint Expert’s instruction but was satisfied that permitting respondents 2-7 to obtain a further report was appropriate in this particular case.

The Secretary of State for the Home Office was appealing the decision of the First Tier Tribunal (‘FTT’) to allow the Respondent’s appeal on Article 2 and 3 ECHR grounds against his deportation to Afghanistan. The Home Office did not seek to challenge the Respondent’s experts by requiring either of the experts to attend for cross-examination.

The guidance sets out the text that you should use in your declarations for work undertaken in England and Wales for the English and Welsh Criminal Courts.  

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 second article in the series, Thomas Hamilton, a Senior Solicitor at Thompsons Solicitors, discusses his experience of working with expert witnesses in serious injury claims. 

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points for expert witnesses. 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 claimant was involved in a minor road traffic accident while she was the passenger in a car driven by her partner, who was the defendant’s insured. She claimed compensation for whiplash and psychological symptoms. The judge described the report of the physiotherapist expert witness who acted for the claimant as almost worse than useless and aspects of her evidence as literally unbelievable

Clark v Skyfire Insurance Company Limited, Canterbury County Court, 12th November 2025