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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What does deterioration mean?
Case Updates

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 the mitigating effects of help and treatment. 

Singh v The Secretary of State for the Home Department [2025] UKAITUR UI2024000275 

Failed extraction of a wisdom tooth
Case Updates

Failed extraction of a wisdom tooth

Although this is a case of alleged dental negligence and can be usefully read in full not only by dental experts, but by dentists, oral surgeons and students of dentistry, it is also of some general significance not just for experts who provide evidence in Scotland, for whom the exposition of Scots negligence law is invaluable and civil procedure significantly different, but for lessons about expert evidence in clinical negligence cases generally.

Gallagher v Clement (National Personal Injury Court) [2025] SCEDIN 035

Extradition and suicide risk
Case Updates

Extradition and suicide risk

This case is important for two reasons. It illustrates that having “no control over actions” and “not making a rational decision" to end his life can be construed as satisfying Turner proposition 4. It makes clear that Turner proposition (4) is not directed at the general background or lead-up to a suicide attempt but is focused on the moment in time when suicide is attempted.

Hebda v District Court in Krakow, Poland [2025] EWHC 860 (Admin)

Expert evidence and the materiality of a risk
Case Updates

Expert evidence and the materiality of a risk

Although this is an orthopaedic case and in which given its preliminary nature the expert evidence was not tested, it is helpful for experts in general as well as orthopaedic experts. It sets out the law on consent as established in not only Montgomery but also in McCullough. It touches on orthopaedic experts giving evidence in cases outside their own subspecialty.

Butler v Ward [2025] EWHC 877 (KB)

Biased instructions, harassment and acting pro bono
Case Updates

Biased instructions, harassment and acting pro bono

Few reported cases assist as to expert evidence in cases of harassment and on the issue of injury to feelings as distinct from psychiatric injury. This summary should be read for this reason. It illustrates how the expert should respond to less than neutral instructions. It illustrates how cardiological evidence was analysed in order for the court to conclude that the defendant’s course of conduct had caused a myocardial infarction. It also reveals the charitable aspect of pro bono legal practice.   

Wei v Long [2025] EWHC 912 (KB)

The diagnosis hang-up and cardiological manifestations of PTSD
Case Updates

The diagnosis hang-up and cardiological manifestations of PTSD

In this road traffic accident case where there was a claim for psychiatric injury, the two psychiatric experts produced between them 14 reports, including addenda and other admissible communications. The fundamental disagreement was the diagnosis: PTSD or adjustment disorder. It appears that four of the reports by the defendant’s expert were in rebuttal of the opinion of the plaintiff’s expert. This summary does not reflect the considerable extent to which the court had to analyse the evidence as to diagnosis. In the court’s judgment diagnosis hardly mattered. The judge said that more important, in his view, was the impact that the condition had on the plaintiff’s everyday functioning and lifestyle. Then when awarding damages, he said that the psychiatric damage suffered by the plaintiff attributable to the accident could be described as moderately severe whether that be under a diagnosis of post-traumatic stress disorder or psychiatric damage generally. 

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