The EWI held the annual Scottish Medicolegal Conference at the Grand Central Hotel in Glasgow on 18 September. The event featured great speakers and panels and lots of interaction with the audience of expert witnesses and legal professionals.

The RICS has recently published the 5th edition of its Surveyors acting as expert witnesses professional standard (‘standard’). We participated in the RICS consultation on the draft standard, and we are pleased to note that most of the issues we raised have been addressed in the final published standard and practice guidance. However, we continue to have concerns that the standard and the practice guidance may have the potential to mislead experts into not fully complying with the applicable rules and regulations. 

In the fifth article in the Working with expert witnesses series, Richard Lodge a Partner at Stewarts, discusses his experience of working with Single Joint Experts. 

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and especially transitioning from one to the other, with three guests who share their experiences and extremely helpful advice. We also briefly look at the role of the expert advisor when there is a Single Joint Expert, and assessors and scientific advisors. And, of course, 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.

Recent events in the middle east have reminded us all how quickly dangerous situations can arise. Members may regularly act in conflict zones, or be offered work that requires them to travel to conflict zones to, for example, inspect property damage, etc.  

Before you accept instructions for international work in conflict zones, we recommend you stop and consider these points set out in this article.  

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.

In straying from their original instructions, the expert developed an opinion without all the facts of the case and the second claimant was being coached through his cross-examination using smart glasses.

UAB Business Enterprise & Anor v Oneta Limited & Ors Neutral Citation Number[2026] EWHC 543 (Ch)

The court noted that the jointly instructed expert demonstrated a clear lack of understanding of both CPR 35 and the duties owed to the court by an expert in allowing someone else in this firm to answer CPR 35 questions on his behalf. His report was also entirely equivocal on the key issues and therefore offered little or no assistance to the court.

Kate Rodgers v Laural Brookes [2025] EWCC 31

Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.

The detail of this judgment will mainly be of interest to paediatricians, radiologists and clinical pharmacologists as it is another case in which there has been an issue as to the effects of proton pump inhibitors on bone growth. There are some learning points of more general application arising out of the criticisms of the experts and particularly relevant to all single joint experts, not just jointly appointed experts in the Family Court.

Re M (A Child) (Non-Accidental Injuries; Wider Canvas) [2024] EWFC 209 (B)