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...
Failed extraction of a wisdom tooth Failed extraction of a wisdom tooth

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...
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...

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 943

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.