Podcast Episode 21: Responding to Written Questions Podcast Episode 21: Responding to Written Questions

Podcast Episode 21: Responding to Written Questions

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a...
LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB) LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB)

LMN v Swansea Bay University Health Board [2025] EWHC 3402 (KB)

The claimant, who suffered brain damage at birth, relied on a report commenting on the allegation of negligence prepared by Mrs S, a midwife. The...
The first-time expert The first-time expert

The first-time expert

The details of this case are for gastroenterologists and psychiatrists. The learning points are of general application and although made by an expert...
Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch) Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch)

Amr Danyall Marshal & Ors v Awais Javed & Ors [2025] EWHC 3195 (Ch)

The judge found that the report by the claimants’ forensic accounting expert was not expert evidence because it simply reported what the...
Review of 2025 Review of 2025

Review of 2025

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2025, a year where Expert Witnesses have continued to come under increasing...
The Isolation of Experts The Isolation of Experts

The Isolation of Experts

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go...
Competition Appeal Tribunal Practice Direction on Expert Evidence Competition Appeal Tribunal Practice Direction on Expert Evidence

Competition Appeal Tribunal Practice Direction on Expert Evidence

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to...
Podcast Episode 20: Review of 2025 Podcast Episode 20: Review of 2025

Podcast Episode 20: Review of 2025

Join us for the last podcast of 2025! With some festive cheer, we review 2025, with the ten key issues for expert witnesses that we've seen over...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...
Podcast Episode 19: Transparency and Open Justice Podcast Episode 19: Transparency and Open Justice

Podcast Episode 19: Transparency and Open Justice

In this month's episode of the Expert Matters Podcast, we explore recent developments in Transparency and Open Justice. You can also catch our...
A Day in the Life of a Paramedical Skin Camouflage Expert Witness A Day in the Life of a Paramedical Skin Camouflage Expert Witness

A Day in the Life of a Paramedical Skin Camouflage Expert Witness

Vanessa Jane Davies is the founder of Skin Camouflage Services, an independent expert practice offering paramedical skin camouflage, non-invasive scar...
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

We speak to a consultant Speech and Language Therapist providing assessments for Special Educational Need (SEND) tribunals and writing medicolegal...

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.

Expert suggests Google would probably give the court a better answer than him
Sean Mosby 2511

Expert suggests Google would probably give the court a better answer than him

bySean Mosby

 

Summary

The claimant alleged both negligence and breach of contract by the defendant designer of a container park near Felixstowe Port. The judge set out the reasons why she was not impressed by the claimant’s expert and treated his evidence with significant caution.

Learning points

Learning points for experts

  • You should provide sufficient explanation in your report, and under cross-examination, of your analysis for the court to be able to understand your opinion and the basis for it, including:

    • what the analysis is,

    • how it works,

    • whether there were any limitations to its use or the outcome it produced.

  • Do not suggest to the court that Google could provide a better explanation than you could of a term or methodology in your report.

  • Make sure you use the correct, up-to-date (at the time of the events) version of any guidance you rely on.

  • Make sure you understand the correct legal tests and ask yourself, and answer, the correct questions in your report.

  • If you decide to base your report on an earlier draft, make sure it is completely updated to reflect the position of the case and your instructions.

  • Make sure you respond to all of the allegations and don’t try to “simplify” your report by only responding to what you consider to be the key issue.

  • If you consider your report was impacted by time or cost constraints, clearly set out what the constraints were and what impact they had.  

  • If you need to rerun your analysis or change any parameters to address criticism, make sure you inform the parties and the court about what you have done as soon as practical.

Learning points for expert engineers

  • Be wary of using analysis methodologies which would not be used by a competent engineer in a project of the type you are considering.

  • It may be preferable to seek to explain elements of the design and perform hand calculations of the various factors which would influence the design in the same way that an ordinary engineer faced with a design of this sort would in practice.

Learning points for instructing parties

  • Try to ensure that the expert you instruct has sufficient experience dealing with the type of work about which their opinion is being sought.

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.