Rough or inappropriate handling of an infant Rough or inappropriate handling of an infant

Rough or inappropriate handling of an infant

As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in...
Unresponsive episodes in a child and the role of chloral hydrate Unresponsive episodes in a child and the role of chloral hydrate

Unresponsive episodes in a child and the role of chloral hydrate

For the specialists this case illustrates how the court investigates case of perplexing presentations in children and the importance of considering as...
Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning... Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning...

Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning...

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in...
Access to public domain documents pilot Access to public domain documents pilot

Access to public domain documents pilot

The Civil Procedure Rule Committee has approved in principle a 2-year pilot on “access to public domain documents” in the Commercial...
How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

The EWI has been provided with a copy of a recently written paper setting out the risk of re-traumatising claimants in medico-legal litigation and...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...
Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch) Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch)

Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch)

The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...
Podcast Episode 10: Equal Representation for Expert Witnesses Podcast Episode 10: Equal Representation for Expert Witnesses

Podcast Episode 10: Equal Representation for Expert Witnesses

In Episode 10 of the Expert Matters Podcast we celebrate International Women's Day. Women are appointed or testify in only 9% of disputes...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...

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Rough or inappropriate handling of an infant
Case Updates

Rough or inappropriate handling of an infant

As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in hospital, such as holding of wrists for blood to be drawn, application of masks to assist breathing and holding of head still, to what would be expected in a normal domestic setting. It illustrates how a CMV infection complicated the court’s analysis of the evidence.

N, In the Matter Of [2024] EWFC 378 

Unresponsive episodes in a child and the role of chloral hydrate
Case Updates

Unresponsive episodes in a child and the role of chloral hydrate

For the specialists this case illustrates how the court investigates case of perplexing presentations in children and the importance of considering as many as possible explanations. This was a case where the medical history was complex and where the material events occurred over a 5 months’ admission, so the volume of medical records must have been immense. The court was obviously greatly assisted by the expert factual evidence of one of the child’s consultants, specifically his summary of the child’s medical conditions and his table of medication. The weakness of one of the experts was that he had not sufficiently familiarised himself with the contents of the medical records and was not as familiar as with the chronology of the case as he might have been if he had created a chronology in his own investigation of the case.   

A Local Authority v Mother [2024] EWHC 3511 (Fam)

Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch)
Case Updates

Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch)

The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small farm neighbouring their property. While the judge accepted some of the claimants’ criticisms of one of the defendants’ experts, he also noted that the claimants could not complain about the consequences of their putting in new evidence that was not in accordance with the timetable laid down at the CCMC.

Aerotoxic syndrome
Case Updates

Aerotoxic syndrome

Personal injury claims are being brought by approximately 220 pilots and cabin crew at the High Court in London on the grounds of aerotoxic syndrome (ATS). This group of claimants includes 51 claims which were issued by Thompsons in March 2019 involving pilots and cabin crew working for EasyJet, British Airways, Thomas Cook, Jet2 and Virgin Atlantic. These two claims are not included in these ongoing English collective proceedings. These were claims by two pilots who lost the chance of bringing successful claims as a result of the admitted negligence of a Scottish law practice.

Gough v Cannons Law Practice; Montague-Trenchard v Cannons Law Practice (Court of Session) [2025] CSOH 28 

Attention deficit hyperactivity disorder, dyslexia and litigation capacity
Case Updates

Attention deficit hyperactivity disorder, dyslexia and litigation capacity

In short, the case illustrates a very common situation in which, on the basis of what is often an appropriately diagnosed psychological condition or mental disorder, it is asserted that a litigant is not capable of participating in legal proceedings. In criminal cases, in relation to the accused, the issue is usually fitness to plead and stand trial. In civil proceedings the issue is litigation capacity. As is often the case, the court’s decision is influenced by how the litigant has functioned in previous cases or earlier in the instant proceedings.

F v W [2024] IEHC 631

Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor
Case Updates

Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor

The Claimant claimed he had suffered a substantial loss due to the destruction of two consignments of poppy heads by the Defendants. The parties were given permission to rely on the written evidence of expert accountants. The Claimant made an application to the Court for the accountancy expert witnesses to give oral evidence at the trial and an application to adduce evidence prepared by his son.

Medical evidence and clearance for a dependent elderly relative to enter the UK
Case Updates

Medical evidence and clearance for a dependent elderly relative to enter the UK

If, which is not clear, medical evidence that assists in the application of the adult dependent relative provisions as to entrance clearance for dependent adults to enter the UK is usually provided by doctors in the country in which the dependent relatives reside, this judgment may be of little interest to healthcare experts in the UK. However, it makes a very basic point about the format of an expert report and it illustrates how important it is to know and understand the particular test or rule that is applicable.

Ali v Entry Clearance Officer [2024] UKAITUR UI2024000707

 

Legal teams need to observe  Expert’s fatigue & concentration
Case Updates

Legal teams need to observe Expert’s fatigue & concentration

This was a significant and well reported patent case which was determined in the Intellectual Property List within the High Court last autumn.   

The technical aspects of the case required significant expert input from the panel involved.  The cross-examinations performed by leading Counsel for the parties were lengthy and complicated.  This led to confusion over what evidence was given when the transcripts were re-visited on subsequent trial days. The case shows how consideration should be given to experts who are being cross-examined so not to overload them with questions and information on the stand.

Does the face fit?
Case Updates

Does the face fit?

Experts are advised, if possible, to avoid expressing opinions on the basis of possibility. The usually applicable stand of proof is the civil standard – the balance of probabilities or more probable than not. The criminal standard of proof is beyond reasonable doubt (and not beyond all reasonable [sic] doubt as it is sometimes misquoted). In this case it was submitted that the expert used the terms "possibility", "high possibility" and "extremely high possibility" interchangeably and that this was insufficient to satisfy the criminal standard of proof. However, when the court analysed the expert’s report as a whole, it was clear that a tribunal of fact could safely conclude that the criminal standard of proof was satisfied.

Government of Japan v Chappell [2025] EWHC 166 

Not a bridge too far – dental negligence
Case Updates

Not a bridge too far – dental negligence

The detail of this case is of relevance to dental experts and attention is drawn to the clarity and particularity with which Professor Harding set out the instances of treatment of the Claimant which was below the standard she could reasonably have expected and then identified the consequences thereof. There is a gastroenterological and pharmacological dimension to the case because it was alleged, and found, that the pain resulting from the negligent dental treatment necessitated treatment with NAISDs which caused ischaemic colitis. 

Bailey v Bijlani [2025] EWHC 175 (KB)

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