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

This was a significant and well reported patent case which was determined in the Intellectual Property List within the High Court last autumn.   

The technical aspects of the case required significant expert input from the panel involved.  The cross-examinations performed by leading Counsel for the parties were lengthy and complicated.  This led to confusion over what evidence was given when the transcripts were re-visited on subsequent trial days. The case shows how consideration should be given to experts who are being cross-examined so not to overload them with questions and information on the stand.

The complexities of this case required both parties to engage expert quantity surveyors.  Both sides approached their instructions to their expert from different angles which caused difficulties at trial.  This explained why the valuations were worlds apart (or as the judge commented they had a “manifestly excessive difference”) and needed some careful scrutiny and assessment by the judge. Whilst the approach of examining both valuations is very case specific, there are some fundamental tests which can be taken away.  An objective test was used several times as a benchmark looking at the scope of works that a ‘reasonable owner’ or ‘purchaser’ would require.  The key legal issue of “proportionality” was also visited frequently throughout the assessment of valuations. 

Iya Patarkatsishvili & Anor v William Woodward-Fisher [2025] EWHC 265 (Ch)

In the 8th episode of the Expert Matters Podcast, we discuss re-evaluating your opinion. We look at possible reasons why you might wish to re-evaluate your opinion and the stages in the proceedings where re-evaluation is most likely to occur, before hearing from three senior judges on how re-evaluating your opinion can sometimes be positive for your expert evidence, but may also be disastrous. 

This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an important judgment for any psychiatrist called upon to assess fitness to plead and stand trial in a criminal case or litigation capacity in a civil case; and important also for any psychologist whose evidence may be considered in such a case. It is not just because it compares the tests for fitness to plead and stand trial and litigation capacity; it is a rare illustration of not only how a judge at first instance assesses expert evidence in such a case but also of how the court of appeal analyses the judicial reasoning when such a case is appealed.

The claimants objected to the wording of a question for the expert witnesses in marine engineering because it invited the experts to express an opinion on a matter of fact which is ultimately for the court.

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion. 

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.

This case concerns three important issues in personal injury litigation in Northern Ireland: the extent of the plaintiff’s medical records to which an expert can have access; what the expert can ask about how the injury was sustained; and whether a plaintiff can refuse to be assessed by a particular expert.   

In the circumstances of the case, including the absence of a timely challenge to lack of form, the judge gave due weight to an expert report and the answers to questions without subtraction for lack of compliance with CPR 35 and rule 3 of the Practice Directions.