03 July 2025 Keith Rix 1490 Case Updates Biased instructions, harassment and acting pro bono byKeith Rix Commentary 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. Learning points: Awards may be made in some civil cases for anxiety, distress or injury to feelings not amounting to psychiatric injury, so as far as possible the expert should seek to make the distinction. Although it is not for the expert in such a case to decide into which band of injury the claimant’s condition falls, the psychopathology should be described with sufficient particularity as to assist the court in deciding on the band of injury. Where instructions are not set out in neutral terms, the expert should set them out in such a way, and if necessary comment, so as to demonstrate their independence and impartiality. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags 07. Receiving Instructions08. Working with Instructing PartiesPro Bono Related articles EWI partnership with the Pro Bono Expert Support Scheme How should Experts disclose criticisms when they are frequently unaware of the outcome of the case? Rebecca Hepworth v Dr Amanda Coates [2025] EWHC 1907 (KB) Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Should a solicitor use track changes on my expert report Switch article An ounce of reasoning is worth a pound of opinion Previous Article AI and the Expert Witness Next Article Comments are only visible to subscribers.