Case Updates

The case dealt with the claim by the landlord for breach of the tenant’s covenants and conditions following the expiry of the tenant’s lease on an office building in Dartford. Two of the experts in the case were disadvantaged by having to form their opinions on the basis of access to limited information and another by instructions which meant that his analysis was entirely premised on his clients’ case

This case is important for expert healthcare experts in delayed-diagnosis cases in Scotland, being brought under the Damages (Scotland) Act 2011, s 3,  but, relying on an English case, it may be relevant to healthcare experts outside Scotland. In a conventional causation case, an expert may be asked: ‘Would the patient have survived but for the alleged negligent delay?’ This case concerns whether the alleged breach of duty caused the loss of a chance of a better outcome.

Lever v Ayrshire and Arran Health Board (Court of Session) [2026] CSOH 89 

This is yet another case in which a medical report has been given little weight in immigration and asylum proceedings.

Begum v Secretary of State for the Home Department [2026] UKFTT HU507302025 (IAC)

The Claimant asserted that the Defendant had infringed their patent for an electric shower-waster pump and control unit. The trial related to liability only. Both sides criticised the other’s expert. The Judge rejected these criticisms noting that, while he reached conclusions that differed from the experts in various places, he did not consider either expert to be unreliable or that their evidence generally should be discounted.

Although this is an immigration and asylum case, in which country experts often provide evidence from a variety of sources about conditions in the applicant’s home country, it includes importance advice for all experts about the use of information on the internet.

SU v Secretary of State for the Home Department (Expert reports - format) Bangladesh [2026] UKUT 317 (IAC) 

The case concerned the non-payment by a tenant of a commercial service charge. In considering the tenant’s permitted contractual defences of “manifest or mathematical error or fraud”, the Supreme Court construed the meaning of “manifest error” narrowly.

This is a fascinating case in terms of the expert’s qualifications, training and experience. As a result of the expert not setting these out in the report, and for other reasons, the judge could attach little or no weight to the expert’s opinions.

RC v The Secretary of State for the Home Department [2026] UKFTT HU670752024 (IAC) 

The Claimant was suing in relation to profound disabilities he suffered due to the Defendant’s admitted clinical negligence. While some of the experts were praised, some were severally criticised by the judge, particularly for failing to consider the range of opinion. Two of the experts were also significantly hampered by their nervousness in cross-examination. 

JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB)

Many medical experts from a variety of specialties, but in particular accident and emergency, may be called upon to advise the court as to the nature, extent and potential consequences of injuries suffered by the victims of crime. In this case the two accident and emergency experts provided reports which assisted the sentencing judge and were sufficiently detailed to assist the Court of Appeal when considering the submission by the Attorney general that the sentencing judge incorrectly categorised the level of harm resulting the stabbing of two men at an underground station. The case illustrates how medical experts should report on the injuries of the victims of crime and the information that the court requires in order to categorise the severity of their injuries. 

R v Green [2026] EWCA Crim 1003 

This case has important lessons for psychology and psychiatry expert witnesses and also for lawyers. It makes clear that, at least in the Asylum and Immigration Chamber, psychologists are expected to consider general practitioner records.

Typhopon v Secretary of State for the Home Department [2026] UKAITUR UI2025004978