Working with Expert Witnesses in Construction Working with Expert Witnesses in Construction

Working with Expert Witnesses in Construction

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...
Civil Justice Council Consultation on Use of AI for Preparing Court Documents Civil Justice Council Consultation on Use of AI for Preparing Court Documents

Civil Justice Council Consultation on Use of AI for Preparing Court Documents

The Civil Justice Council (‘CJC’) has published an Interim Report and Consultation on the Use of AI for preparing court documents. The...
Moulding -v- BSA Group (SW) Ltd & others, HHJ Berkley, County Court at Bristol 16th... Moulding -v- BSA Group (SW) Ltd & others, HHJ Berkley, County Court at Bristol 16th...

Moulding -v- BSA Group (SW) Ltd & others, HHJ Berkley, County Court at Bristol 16th...

The claimants, who own a property adjoining with the properties of the defendants, complained that the defendants engaged in various acts of trespass...
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...
McLaren Indy LLC & Anor v Alpa Racing USA LLC & Ors [2026] EWHC 110 (Comm) McLaren Indy LLC & Anor v Alpa Racing USA LLC & Ors [2026] EWHC 110 (Comm)

McLaren Indy LLC & Anor v Alpa Racing USA LLC & Ors [2026] EWHC 110 (Comm)

The claimant alleged that the second defendant, a Spanish racing driver, had repudiated a binding agreement under which he was contracted to drive for...
Getting paid in Scotland Getting paid in Scotland

Getting paid in Scotland

This case illustrates the factors taken into account in Scotland in deciding whether to grant an application for certification of an expert which is...
Independent Review of the Criminal Courts: Part 2 Independent Review of the Criminal Courts: Part 2

Independent Review of the Criminal Courts: Part 2

The Independent Review of the Criminal Courts, chaired by Sir Brian Leveson, has just published Part 2 of the Review with 135 recommendations,...
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...
Podcast Episode 21: Responding to Written Questions Podcast Episode 21: Responding to Written Questions

Podcast Episode 21: Responding to Written Questions

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a...
Podcast Episode 20: Review of 2025 Podcast Episode 20: Review of 2025

Podcast Episode 20: Review of 2025

Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...

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.

A fundamentally dishonest claimant
Sean Mosby 1474

A fundamentally dishonest claimant

bySean Mosby

 

Summary

This case concerns a fundamentally dishonest claimant. The judge held that the experts in the case were reliant on self-reporting by the claimant, who the judge found to be wholly unreliable, as to the extent to which the alleged injuries suffered had impacted her life.

Learning points

Learning points for experts:

  • The medical and psychological experts in a personal injury case will often need to rely largely on the self-report of the claimant,

  • If an expert’s report is built on a false factual basis (e.g. the client is found to be wholly unreliable), the expert evidence can be rejected

  • Consequently, the credibility of the injured person is of central importance.

Learning points for instructing parties:

  • The rule determined by the Supreme Court on uncontroverted evidence in Tui v Griffiths does not apply in certain circumstances. Seven circumstances are cited in the judgment including where the report is founded on a false basis.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.