Podcast Episode 18: Pro Bono Expert Evidence Podcast Episode 18: Pro Bono Expert Evidence

Podcast Episode 18: Pro Bono Expert Evidence

Today is the start of the 24th UK Pro Bono Week. In this extra edition of the Expert Matters Podcast we discuss the EWI's recent Partnership with...
Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488... Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488...

Sidney Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488...

The Claimant’s father and litigation friend alleged that the medical practitioners treating his son were negligent in not promptly carrying out...
Quarterly Update on EWI's Advocacy Work Quarterly Update on EWI's Advocacy Work

Quarterly Update on EWI's Advocacy Work

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the...
Access to Public Domain Documents Pilot will launch on the 1st January 2026 Access to Public Domain Documents Pilot will launch on the 1st January 2026

Access to Public Domain Documents Pilot will launch on the 1st January 2026

From 1 January 2026, the Civil Procedure Rule Committee will be piloting access to public domain documents in the Commercial Court and London Circuit...
An unsatisfactory forensic medical report An unsatisfactory forensic medical report

An unsatisfactory forensic medical report

The appellant is a citizen of Iraq. He appealed against the decision of a First-tier Tribunal Judge who dismissed his appeal against the...
Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,... Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,...

Sir Michael Davies Lecture 2025: Lady Simler, Enhancing Expert Evidence: Reports,...

The Annual Sir Michael Davies Lecture for 2025 was held on 15 October at the RAF Club in London. The Right Honourable Lady Simler, Justice of the...
Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC) Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC)

Patricia Andrews & Ors v Kronospan Limited [2025] EWHC 2429 (TCC)

The Claimants alleged that dust, noise and odour emitted by the defendant’s factory over a prolonged period constituted a legal nuisance. The...
A Day in the Life of a Speech and Language Expert Witness A Day in the Life of a Speech and Language Expert Witness

A Day in the Life of a Speech and Language Expert Witness

Julie Andrews is a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing...
Podcast Episode 17: Wellbeing and Resilience as an Expert Witness Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

Podcast Episode 17: Wellbeing and Resilience as an Expert Witness

October 10th is World Mental Health Day and in this month's episode of the Expert Matters Podcast, we look at the issue of wellbeing and...
A Day in the Life of a Jewellery and Gemstone Expert Witness A Day in the Life of a Jewellery and Gemstone Expert Witness

A Day in the Life of a Jewellery and Gemstone Expert Witness

Dr Richard Taylor is an Expert in the identification, verification and valuation of diamonds, gemstones, jewellery, watches, silver and antiques. He...
Podcast Episode 16: CV Writing Podcast Episode 16: CV Writing

Podcast Episode 16: CV Writing

In the 16th episode of the Expert Matters Podcast, Simon and Sean, discuss CV Writing. We look at the purpose of expert CVs, the rules and...
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...

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.

Evidentiary reliability and the meaning of words
Keith Rix 2073

Evidentiary reliability and the meaning of words

byKeith Rix

 
Commentary
General

This case has a number of important features of general interest.

It illustrates the importance of assessing the reliability of a subject’s account. This is not the same as advising the court as to the reliability of the subject. It is the reliability of the account that is being assessed, not the reliability of the person giving the account. This is why it is good practice to open the Opinion section of an expert report with an introductory section sometimes headed ‘Evaluation of evidence’ or sometimes ‘Clinical plausibility’.

That there was no challenge to the reliability of the experts’ evidence is not surprising. They explained how they assessed the appellant and the duration of the assessments.

It appears that an attempt to undermine the expert evidence was based on the fact that in regard to suicide risk, the risk had been described as “significant” rather than as “substantial”. However, the court did not regard the qualifier as material adding: “Medical reports of this kind should not be parsed as if they were statutes.” It is a similar comment to that of Williams J in LKM v NPM [2023] EWFC 118, where he complained about counsel’s “too narrow textual analysis” of the medical expert’s report. It is difficult to see what the learning point here is for experts. It is not to respond in cross-examination, “Your Honour, I don’t think my report should be parsed as if it were a statute”. “That seems to me to be too narrow a textual analysis of what I have written” is a possible response but only provided that the broader interpretation can be quickly articulated and justified. Better to hope that your party’s counsel or the judge jumps in and makes the point but the judge may save it for her judgment.

Psychiatry and psychology

The vulnerability of many psychiatric diagnoses in legal proceedings is that they are based mainly and, sometimes entirely, on self-reported symptoms and little, if at all, on observed signs. PTSD is a condition which can manifest in signs and an increased startle response and hypervigilance are examples. In this case there was evidence of a trigger causing physical symptoms of anxiety which the forensic examiner thought, and the court accepted, were genuine.

The respondent’s challenge to the appellant’s case on the grounds that neither Dr Lyall's report nor Dr Gregory's diagnosed the appellant's PTSD as "complex" or "severe" suggests a possible misunderstanding of the concept of ‘complex PTSD’. It has a similar risk of being misunderstood as ‘borderline personality disorder’. Although complex PTSD is a more complex psychopathological entity than PTSD simpliciter, it does not follow that complex PTSD is a more severe condition than PTSD. Complex does not mean severe. As, apparently, complex PTSD was not a consideration for the experts, or at least not to the extent that it was a diagnosis within the range of reasonable opinion, they probably had no need to define it. However, what it illustrates is that just as a definition of borderline personality disorder needs to make clear that the borderline is not between pathology and normality but the borderline with psychosis and other anxiety and depressive disorders, so a glossary item for complex PTSD needs to make clear that ‘complex’ refers to the complexity and not the severity of the psychopathology.   

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.