When can you challenge an Expert Determination? When can you challenge an Expert Determination?

When can you challenge an Expert Determination?

The outcome of an Expert Determination is final and binding. However, there are circumstances in which the outcome can be appealed. The case of GSY...
Working with Expert Witnesses in Aviation Working with Expert Witnesses in Aviation

Working with Expert Witnesses in Aviation

Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from...
New EWI guidance on Marketing your Expert Witness Practice New EWI guidance on Marketing your Expert Witness Practice

New EWI guidance on Marketing your Expert Witness Practice

Whether you are just starting out as an Expert Witness or an experienced Expert Witness looking to increase the number of instructions you are...
Podcast Episode 24: Marketing your expert witness practice Podcast Episode 24: Marketing your expert witness practice

Podcast Episode 24: Marketing your expert witness practice

In April's episode of the Expert Matters Podcast, we take a deep dive into Marketing your Expert Witness Practice, providing practical advice on...
Premex responds to JXX v Archibald [2026] by creating new service charge. Premex responds to JXX v Archibald [2026] by creating new service charge.

Premex responds to JXX v Archibald [2026] by creating new service charge.

Experts on Premex's panel have contacted the EWI to say that they will be subject to a15% service charge (plus VAT) on all invoices from 1 May...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...
Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts

Expert evidence in criminal proceedings in Northern Ireland; a tale of two experts

Although the detail of McIntyre, R v [2026] NICC 2 will probably be of importance only for forensic science imagery analysts, it is important for...
DA (Whether to replace a Single Joint Expert), Re [2026] EWCOP 7 (T2) DA (Whether to replace a Single Joint Expert), Re [2026] EWCOP 7 (T2)

DA (Whether to replace a Single Joint Expert), Re [2026] EWCOP 7 (T2)

This case, in the Court of Protection, concerned whether a wealthy, elderly man lacked capacity. The judgment dealt primarily with an application by...
Podcast Episode 23: Experts in the Courts Podcast Episode 23: Experts in the Courts

Podcast Episode 23: Experts in the Courts

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points...
Podcast Episode 22: Feedback and Criticism Podcast Episode 22: Feedback and Criticism

Podcast Episode 22: Feedback and Criticism

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Can capacity be assessed on papers without a consultation?
Case Updates

Can capacity be assessed on papers without a consultation?

Any uncertainty as to whether a psychiatrist can provide an expert report as a paper-based assessment is answered by this case.

In this case the paper-based assessment was sufficient for the court to conclude that, having regard to the Mental Capacity Act 2005, s 48, there were "reasons to believe that the Appellant lacks capacity". However, the fact that the court did not make a finding of a lack of capacity and transferred the case to a Tier 3 (High Court) Judge of the Court of Protection in order to determine the matter of capacity indicates how the court recognises how much more difficult it is to make a finding when the report relies on a paper-based assessment compared to a consultation with the subject of the report.   

MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579 

JXX v Scott Archibald [2025] EWHC 69 (SCCO)
Case Updates

JXX v Scott Archibald [2025] EWHC 69 (SCCO)

In considering whether the claimant should be required to provide a breakdown of expert and medical agency fees, the judge decided to offer the claimant the option of either providing the breakdown of expert and medical reporting organisation fees, to enable an assessment of work of both the expert and the MRO, or not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

Call for evidence: Use of evidence generated by software in criminal proceedings
News

Call for evidence: Use of evidence generated by software in criminal proceedings

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings.

The call for evidence is to help the Ministry better understand how the current presumption concerning the admissibility of computer evidence is working in practice, and whether it is fit for purpose in the modern world. 

Consent – post-Montgomery
Case Updates

Consent – post-Montgomery

Although this is a dental/maxillofacial negligence case, it is of importance for all healthcare experts instructed in cases where consent may be an issue. It highlights points about which experts should enquire when there may be an issue as to consent to a surgical or other procedure. In this case it was found that the consent process was deficient in a number of respects. It is also a case which illustrates how expert evidence can separately assist the court on the issues of breach of duty, causation, condition and prognosis.

Winterbotham v Shahrak (Rev1) [2024] EWHC 2633 (KB) 

Government Response on Revisions to the Medical  Reporting Process for Road  Traffic Accident Claims
News

Government Response on Revisions to the Medical Reporting Process for Road Traffic Accident Claims

The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting Process for Road Traffic Accident Claims’. The report setting out the government's response summarises the responses received, along with information on the decisions taken and the next steps in relation to implementing outcomes related to the policy proposals consulted upon.

The Government is also engaging with stakeholders until 31 January 2025 on one of its next steps, further revisions to the fixed cost medical reports. 

Podcast Episode 8: Re-evaluating your opinion
Podcast

Podcast Episode 8: Re-evaluating your opinion

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. 

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