Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB) Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB)

Ms Julia Tosh v Mr Vivek Gupta [2025] EWHC 2025 (KB)

The Claimant brought a claim of clinical negligence after suffering a rare but serious complication (anal stenosis) of an operation performed by the...
What does deterioration mean? What does deterioration mean?

What does deterioration mean?

In this case the issue was the extent or degree of the deterioration, its real world impact in terms of effect on daily life and ability to cope and...
Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness... Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

Podcast Episode 15: The Power of EWI Membership: Raising Standards in Expert Witness...

In the 15th episode of the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkis, discuss the power of EWI membership and the...
How should Experts disclose criticisms when they are frequently unaware of the outcome of... How should Experts disclose criticisms when they are frequently unaware of the outcome of...

How should Experts disclose criticisms when they are frequently unaware of the outcome of...

The judgement from The Honourable Mr Justice Trower asserts that Expert Witnesses have a duty to disclose previous criticisms of their evidence in...
Rebecca Hepworth v Dr Amanda Coates [2025] EWHC 1907 (KB) Rebecca Hepworth v Dr Amanda Coates [2025] EWHC 1907 (KB)

Rebecca Hepworth v Dr Amanda Coates [2025] EWHC 1907 (KB)

The Claimant sought damages for clinical negligence from the Defendant who, she asserted, failed to diagnose red flag symptoms of cauda equina...
Access to Justice Inquiry Access to Justice Inquiry

Access to Justice Inquiry

The House of Commons, Justice Committee has published a Call for Evidence for its Inquiry on Access to Justice. The Inquiry will examine how advice...
A day in the life of an Accommodation Expert Witness A day in the life of an Accommodation Expert Witness

A day in the life of an Accommodation Expert Witness

Marisa Shek is a Healthcare Architect and owner of Shek Architects. As an Expert Witness, she specialises in the field of accommodation for disabled...
The Criminal Procedure Rules 2025 The Criminal Procedure Rules 2025

The Criminal Procedure Rules 2025

The Criminal Procedure Rule Committee has published a new consolidation of the Criminal Procedure Rules and an accompanying guide. The new Rules will...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...

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News

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Disability and exclusion from school
Case Updates

Disability and exclusion from school

There was no dispute about the expert evidence in this case but it is of interest for several reasons. First, it sets out in some detail the evidence of experts in educational psychology and occupational therapy and it therefore provides examples for those healthcare specialties of how to make their bodies of knowledge understandable to a tribunal. Second, it illustrates the role of experts when their evidence is admitted by a specialist tribunal. Third, it sets out the test of which experts need to be aware in cases of alleged disability discrimination arising from a school’s treatment of a pupil with behavioural difficulties. Fourth, although psychiatrists and psychologists are often advised to keep the unconscious out of the witness box, for reasons to do with proof, it is encouraging to find a tribunal accepting such evidence.

B v The Proprietor of St Dominic's Grammar School [2025] UKUT 48 (AAC) 

Rough or inappropriate handling of an infant
Case Updates

Rough or inappropriate handling of an infant

As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in hospital, such as holding of wrists for blood to be drawn, application of masks to assist breathing and holding of head still, to what would be expected in a normal domestic setting. It illustrates how a CMV infection complicated the court’s analysis of the evidence.

N, In the Matter Of [2024] EWFC 378 

Unresponsive episodes in a child and the role of chloral hydrate
Case Updates

Unresponsive episodes in a child and the role of chloral hydrate

For the specialists this case illustrates how the court investigates case of perplexing presentations in children and the importance of considering as many as possible explanations. This was a case where the medical history was complex and where the material events occurred over a 5 months’ admission, so the volume of medical records must have been immense. The court was obviously greatly assisted by the expert factual evidence of one of the child’s consultants, specifically his summary of the child’s medical conditions and his table of medication. The weakness of one of the experts was that he had not sufficiently familiarised himself with the contents of the medical records and was not as familiar as with the chronology of the case as he might have been if he had created a chronology in his own investigation of the case.   

A Local Authority v Mother [2024] EWHC 3511 (Fam)

Aerotoxic syndrome
Case Updates

Aerotoxic syndrome

Personal injury claims are being brought by approximately 220 pilots and cabin crew at the High Court in London on the grounds of aerotoxic syndrome (ATS). This group of claimants includes 51 claims which were issued by Thompsons in March 2019 involving pilots and cabin crew working for EasyJet, British Airways, Thomas Cook, Jet2 and Virgin Atlantic. These two claims are not included in these ongoing English collective proceedings. These were claims by two pilots who lost the chance of bringing successful claims as a result of the admitted negligence of a Scottish law practice.

Gough v Cannons Law Practice; Montague-Trenchard v Cannons Law Practice (Court of Session) [2025] CSOH 28 

Attention deficit hyperactivity disorder, dyslexia and litigation capacity
Case Updates

Attention deficit hyperactivity disorder, dyslexia and litigation capacity

In short, the case illustrates a very common situation in which, on the basis of what is often an appropriately diagnosed psychological condition or mental disorder, it is asserted that a litigant is not capable of participating in legal proceedings. In criminal cases, in relation to the accused, the issue is usually fitness to plead and stand trial. In civil proceedings the issue is litigation capacity. As is often the case, the court’s decision is influenced by how the litigant has functioned in previous cases or earlier in the instant proceedings.

F v W [2024] IEHC 631

Medical evidence and clearance for a dependent elderly relative to enter the UK
Case Updates

Medical evidence and clearance for a dependent elderly relative to enter the UK

If, which is not clear, medical evidence that assists in the application of the adult dependent relative provisions as to entrance clearance for dependent adults to enter the UK is usually provided by doctors in the country in which the dependent relatives reside, this judgment may be of little interest to healthcare experts in the UK. However, it makes a very basic point about the format of an expert report and it illustrates how important it is to know and understand the particular test or rule that is applicable.

Ali v Entry Clearance Officer [2024] UKAITUR UI2024000707

 

Does the face fit?
Case Updates

Does the face fit?

Experts are advised, if possible, to avoid expressing opinions on the basis of possibility. The usually applicable stand of proof is the civil standard – the balance of probabilities or more probable than not. The criminal standard of proof is beyond reasonable doubt (and not beyond all reasonable [sic] doubt as it is sometimes misquoted). In this case it was submitted that the expert used the terms "possibility", "high possibility" and "extremely high possibility" interchangeably and that this was insufficient to satisfy the criminal standard of proof. However, when the court analysed the expert’s report as a whole, it was clear that a tribunal of fact could safely conclude that the criminal standard of proof was satisfied.

Government of Japan v Chappell [2025] EWHC 166 

Not a bridge too far – dental negligence
Case Updates

Not a bridge too far – dental negligence

The detail of this case is of relevance to dental experts and attention is drawn to the clarity and particularity with which Professor Harding set out the instances of treatment of the Claimant which was below the standard she could reasonably have expected and then identified the consequences thereof. There is a gastroenterological and pharmacological dimension to the case because it was alleged, and found, that the pain resulting from the negligent dental treatment necessitated treatment with NAISDs which caused ischaemic colitis. 

Bailey v Bijlani [2025] EWHC 175 (KB)

Pacemaker PTSD?
Case Updates

Pacemaker PTSD?

This is primarily a case for cardiologists, cardiac nurses and anaesthetists with a learning point for psychiatric experts. Viewed from outside the jurisdiction the striking feature of the case is that the plaintiff’s general practitioner records documenting a previous psychiatric history, which she had denied when assessed by the two psychiatric experts, were not disclosed to the defendant until five days into the trial.

Tynan v Bon Secours Health System Company Ltd by Guarantee [2025] IEHC 81 

Advising as to the applicable law
Case Updates

Advising as to the applicable law

The detail of this judgment is for experts who conduct capacity assessments. Two points arise of more general interest.

First, the expert, who had been involved in the case for six years, changed her opinion. In the language of the court it was a 180o degree change. The court thought that this called for a greater discussion in the analysis section of the report. This seems to have been that section of the report for which experts use the heading ‘Facts and assumed facts’ or ‘Factual analysis’. Second, the expert suggested that the issues, or some of the issues, in the case could be resolved by invoking the inherent jurisdiction of the court. But there had been no application for the exercise of the court's inherent jurisdiction, it was not referred to in the letter of instruction, and it might not – as a matter of law – have been available. This is a good example of the advice to experts to leave the law to the lawyers.  

Calderdale Metropolitan Borough Council v LS [2025] EWCOP 10 (T3)

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