A deficient capacity assessment A deficient capacity assessment

A deficient capacity assessment

The task for the expert in this case was enormous. Capacity is issue specific. This means that if the issue is someone’s capacity to conduct...
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...
Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513 Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

Fairmont Property Developers UK Ltd v Venus Bridging Ltd & Ors [2025] EWCA Civ 1513

The Claimant defaulted on a loan secured by a mortgage on a warehouse building. It disagreed with the Receiver's approach to marketing the...
EWI Guidance on Approaching Retirement EWI Guidance on Approaching Retirement

EWI Guidance on Approaching Retirement

Retiring from your role as an expert witness is a significant decision that requires careful consideration and planning. The EWI has published new...
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...
Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch) Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

Peter Marples & Ors v Secretary of State for Education [2025] EWHC 2794 (Ch)

The Claimants brought an action against the Defendant, the Secretary of State for Education, for negligence and misfeasance in public office, relating...
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...
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...
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.

JXX v Scott Archibald [2025] EWHC 69 (SCCO)
Sean Mosby 3489

JXX v Scott Archibald [2025] EWHC 69 (SCCO)

bySean Mosby

 

Summary

In considering whether the claimant should be required to provide a breakdown of expert and medical agency fees, the judge decided to offer the claimant the option of either providing the breakdown of expert and medical reporting organisation fees, to enable an assessment of the work of both the expert and the MRO, or not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

Learning points
  • This is another case on whether claimants should be required to provide a separate breakdown of the fees of the expert and the medical agency. You can read EWI’s current view on this issue at: Advice on Expert Fees after CXR v Dome Holdings

  • In this case, the claimant was given the option by the judge of either:

    • Providing the breakdown of expert and medical reporting organisation fees to enable an assessment of the work of both the expert and the MRO, or

    • Not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

  • The judge noted that the defendant would be permitted to provide comparative evidence (e.g. from the fees of the experts in other cases) to assist in this assessment.

  • This is an ongoing case, which is worth paying attention to, as it may lead to a precedent on this issue if the parties chose to appeal the judgment. The judge indicated in his judgment that he would give the parties leave to appeal if they wished to do so, given the need for guidance on this issue. 

  • The Ministry of Justice has also indicated that it will consider the issue of whether a breakdown in expert and agency fees should be required as part of its FRC Stocktake in early 2025.

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.