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,...
The expert's flawed understanding of the intermediary's role The expert's flawed understanding of the intermediary's role

The expert's flawed understanding of the intermediary's role

It appears that in this case an expert recommended the appointment of an intermediary without understanding the role of an intermediary. The court did...
Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and... Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and...

Forensic Science Regulator Guidance on Forensic Science Activities: Interpretation and...

The Forensic Science Regulator has published new Guidance on Forensic Science Activities: Interpretation and Communication. The Guidance applies to...
Expert Terms and Conditions of Engagement Expert Terms and Conditions of Engagement

Expert Terms and Conditions of Engagement

We have just completed the regular review of our Standard Expert Terms and Conditions of Engagement. The purpose of the Terms and Conditions is...
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...
Podcast Episode 19: Transparency and Open Justice Podcast Episode 19: Transparency and Open Justice

Podcast Episode 19: Transparency and Open Justice

In this month's episode of the Expert Matters Podcast, we explore recent developments in Transparency and Open Justice. You can also catch our...
A Day in the Life of a Paramedical Skin Camouflage Expert Witness A Day in the Life of a Paramedical Skin Camouflage Expert Witness

A Day in the Life of a Paramedical Skin Camouflage Expert Witness

Vanessa Jane Davies is the founder of Skin Camouflage Services, an independent expert practice offering paramedical skin camouflage, non-invasive scar...

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News

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Negligent ankle surgery?
Case Updates

Negligent ankle surgery?

This case concerns the treatment of an ankle injury. Although the orthopaedic experts expressed fundamentally opposing views concerning the appropriate management of the injury and the court did have to resolve some issues by deciding whose evidence to accept, an unusual feature of this case was the significance of the fact that the evidence of the defendant orthopaedic surgeon evolved and developed during the course of the forensic process leading the court to the irresistible conclusion that the defendant's witness statement and his account at trial were almost certainly an amalgam of what the defendant thought and his expert’s opinion of which parts were found to have been copied and pasted into his witness statement. So, the court found that the defendant's account of his reasoning and recollection had been, no doubt unwittingly, influenced by expert opinion.

Ebanks-Blake v Calder [2025] EWHC 3327 (KB) 

A deficient capacity assessment
Case Updates

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct legal proceedings, in this case sixteen sets of proceedings, the expert has to consider each set of proceedings. The person may have the capacity to conduct some and not others.

Johnston v Financial Ombudsman Service [2025] EWCA Civ 551

Without hesitation, I attach no weight whatsoever ….
Case Updates

Without hesitation, I attach no weight whatsoever ….

A section of this judgment is headed ‘Directions concerning the medical expert’. There was no medical expert in this case. There was a report from a psychotherapist. The psychotherapist in question is not registered with the General Medical Council or the Health and Care Professions Council, and it appears that she is not registered with the UK Council of Psychotherapy or the British Association of Counselling and Psychotherapy. This had been an issue in Dosti v SSHD [2002] UKIAT 04021 at §11 where it is stated that there was some doubt as to whether an accredited psychotherapist was an appropriate person to give an expert report on the psychiatric health of a claimant. In this case the tribunal had no evidence as to any accreditation whatsoever. 

Iqbal v The Secretary of State for the Home Department [2025] UKAITUR UI2023001320

Not a fundamentally dishonest stroke victim
Case Updates

Not a fundamentally dishonest stroke victim

This is an important judgment for experts instructed in cases where there is an issue as to whether thrombolysis should have been carried out following a stroke. The court considered a number of relevant publications.

For experts in psychiatry and psychology, it is important as it illustrates how the court tests evidence in cases involving performance validity testing.

Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 (KB) 

Personal injury litigation in Ireland
Case Updates

Personal injury litigation in Ireland

One of the important differences between Ireland and other British Isles jurisdictions is in the procedures followed in personal injury litigation. This case is illustrative. If the plaintiff had brought his case in England or Wales, how would this case have progressed?

Keogh v O'Keeffe [2025] IEHC 26

O v C [2025] EWFC 334
Case Updates

O v C [2025] EWFC 334

A mother applied to set aside what she submitted were findings made five years ago by a district judge concerning the party’s two children in reliance upon a report prepared by Ms G. The court found that there was no doubt at all that the harm that Ms G put forward arose, in her view, from what she regarded as the mother’s behaviour in alienating the children. Ms G had carried out an assessment of the mother which included her own attachment and other behaviours, but that did not form a finding of fact about how the mother actually behaved. Therefore there were no findings with a solid foundation that the mother alienated the children even though the judge expressed it as such, and accordingly no findings to actually set aside.

 

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