Case Updates

The judge found that an expert on risk assessment adopted an overly strict and slightly unrealistic approach in assessing the adequacy of a risk assessment conducted by a cycling club.

Apart from the oft-made point about the importance for experts of the chronology, especially in cases where the issue is causation or clinical negligence, there is nothing in this case for healthcare experts in general. It is an importance case for ENT experts because several similar claims are due to be heard over the next months. 

The judge found that the Defendant’s expert in snowmobile operations was a partial witness who acted as an advocate for the Defendant’s case. He not only ignored the Claimant’s evidence and adopted the snowmobile guides’ evidence, but positively sought to persuade the Court to find facts in the Defendant’s favour.

This case is important for two reasons. It illustrates that having “no control over actions” and “not making a rational decision" to end his life can be construed as satisfying Turner proposition 4. It makes clear that Turner proposition (4) is not directed at the general background or lead-up to a suicide attempt but is focused on the moment in time when suicide is attempted.

Hebda v District Court in Krakow, Poland [2025] EWHC 860 (Admin)

The parties unanimously agreed that the report of a Court appointed expert was fundamentally flawed, could not be relied upon, and a new psychologist would need to be instructed after the expert directly challenged the findings of the Court and the soundness of the evidence on which those findings were based. The Court denied the expert’s subsequent request for anonymity.

Liverpool City Council v A & Ors [2025] EWHC 1474 (Fam)

Although this is an orthopaedic case and in which given its preliminary nature the expert evidence was not tested, it is helpful for experts in general as well as orthopaedic experts. It sets out the law on consent as established in not only Montgomery but also in McCullough. It touches on orthopaedic experts giving evidence in cases outside their own subspecialty.

Butler v Ward [2025] EWHC 877 (KB)

The barrister for the Claimant was unable to explain to the court's satisfaction why she had cited several non-existent cases in pleadings. The case was referred to the High Court for its consideration which commented on the use of artificial intelligence in court proceedings.

This case is a useful reminder about the meaning of disability in the Equality Act and the matters that expert evidence must address. 

Stedman v Haven Leisure Ltd (DISABILITY DISCRIMINATION) [2025] EAT 82) 

For paediatricians this is an example of how not to conduct an expert paediatric assessment and present the results to the court. It also illustrates some basic points applicable to all experts.

M v F [2025] EWFC 150 (B)

Mrs Justice Joanna Smith provides an incredibly useful judgment following the hearing at the High Court in March of this year. Previous case law and legal tests for gross misconduct were addressed and applied given that such allegations underpinned the case.  The parties adduced expert evidence to establish the value of shares on the assumption that warranties had been breached.This update focuses on both experts’ evidence given that the approaches were significantly different and that one was clearly preferred over the other.      

Inspired Education Online Limited -v- Tom Crombie [2025] EWHC 1236 (Ch).