Information publicly available on the internet - 'Digital Open Source Information' Information publicly available on the internet - 'Digital Open Source Information'

Information publicly available on the internet - 'Digital Open Source Information'

Although this is an immigration and asylum case, in which country experts often provide evidence from a variety of sources about conditions in the...
A Day in the Life of an Oil and Commodities Expert Witness A Day in the Life of an Oil and Commodities Expert Witness

A Day in the Life of an Oil and Commodities Expert Witness

Catherine Jago is an oil and commodities Expert Witness with nearly four decades of experience in the field. She started her career at BP before...
Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2

Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2

The case concerned the non-payment by a tenant of a commercial service charge. In considering the tenant’s permitted contractual defences of “manifest...
A substantial limit to its evidential value A substantial limit to its evidential value

A substantial limit to its evidential value

This is a fascinating case in terms of the expert’s qualifications, training and experience. As a result of the expert not setting these out in the...
The Role of Expert Witnesses in Building Safety Disputes - An Urgent Rethink? The Role of Expert Witnesses in Building Safety Disputes - An Urgent Rethink?

The Role of Expert Witnesses in Building Safety Disputes - An Urgent Rethink?

In this article, Rose Wilson and Mariya Rankin from Eversheds Sutherland (International) LLP, and Bhavina Vasishta from Rimkus consider whether...
Scottish Medicolegal Conference 2026 Scottish Medicolegal Conference 2026

Scottish Medicolegal Conference 2026

The EWI held the annual Scottish Medicolegal Conference at the Grand Central Hotel in Glasgow on 18 September. The event featured great speakers and...
Working with Expert Witnesses: Joint Expert Meetings Working with Expert Witnesses: Joint Expert Meetings

Working with Expert Witnesses: Joint Expert Meetings

In the sixth article in the Working with expert witnesses series, Alexandra Winch a Partner at Stewarts, discusses her experience of...
Podcast Episode 30: Mapping the Expert Witness Workforce Podcast Episode 30: Mapping the Expert Witness Workforce

Podcast Episode 30: Mapping the Expert Witness Workforce

This month on the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkiss, discuss the EWI's project to map the Expert Witness...
A Day in the Life of an Occupational Therapy Expert Witness A Day in the Life of an Occupational Therapy Expert Witness

A Day in the Life of an Occupational Therapy Expert Witness

Clare Cole is an Occupational Therapist with nearly 17 years of clinical experience, who now works as an Expert Witness in the medico-legal field....
A Day in the Life of a Physiotherapy Expert Witness A Day in the Life of a Physiotherapy Expert Witness

A Day in the Life of a Physiotherapy Expert Witness

Kathryn Rowe is an Expert Witness and Physiotherapist with over 17 years of clinical experience in neurological, spinal and orthopaedic...
Podcast Episode 29: Acting for Litigants in Person Podcast Episode 29: Acting for Litigants in Person

Podcast Episode 29: Acting for Litigants in Person

This month on the Expert Matters Podcast, we discuss acting for litigants in person. The accessibility of tools like generative AI is making...
Podcast Episode 28: Reflections on the EWI Conference 2026 Podcast Episode 28: Reflections on the EWI Conference 2026

Podcast Episode 28: Reflections on the EWI Conference 2026

This month on the Expert Matters Podcast, we take a look at the EWI Annual Conference which was held on 19 June. The Conference got off to a great...

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.

Psychologists and general practitioner records
Keith Rix 765

Psychologists and general practitioner records

by Keith Rix

 

Commentary

This case has important lessons for psychology and psychiatry expert witnesses and also for lawyers. It makes clear that, at least in the Asylum and Immigration Chamber, psychologists are expected to consider general practitioner records.

There is a curious reference to how the appellant’s solicitors sought a 'psychiatric and psychological' evaluation to confirm whether he suffered from any mental health conditions. I know only three experts who have professional qualifications in both psychiatry and psychology (i.e. not counting psychiatrists who have a degree in psychology). One is, I think, completely retired (name forgotten), one, Professor Michael Kopelman, is retiring, and the third, Professor John Livesey, who trained with me in Edinburgh is in Vancouver. Perhaps this is yet again an illustration of how solicitors do not know the difference between a psychiatrist and a psychologist.

Learning points

Perhaps the most important lesson is that clinical truth and legal proof are different concepts.

A psychologist may competently diagnose complex PTSD. A court may even accept that diagnosis. Yet the legal question is different:

  • How much evidential weight should be attached to the opinion?
  • Is it based on all reasonably available material?
  • Does it fit with the objective evidence?
  • Does it establish the legal test for resisting deportation?

Conversely, lawyers must appreciate that expert evidence is strongest when it is fully documented, carefully instructed, and integrated with the factual record. An excellent expert opinion can lose much of its persuasive force if avoidable omissions—such as failing to provide GP records—allow the tribunal to question the completeness of the assessment. This case illustrates that successful advocacy depends not only on obtaining expert evidence but also on ensuring it is robust and capable of withstanding judicial scrutiny.

Case

Rusty Tayhopon, a national of the Philippines now aged 31 years, entered the United Kingdom during 2007 with indefinite leave to enter to join a parent. When he was convicted in July 2023 of three specimen counts of offences involving the making, and possession, of prohibited images of children and animals and sentenced to 14 months' imprisonment, he was ordered to be deported.

This is the judgment given upon appeal following the decision of the First-tier Tribunal (FTT) dismissing his appeal against deportation. The appellant's evidence was that he was a victim of abuse and childhood trauma. This matter was raised for the first time at the hearing and was supported by a report from a clinical psychologist, Dr Anna Maria Tino. The judge took no issue with his account of his life experiences and the circumstances of his offending. Nonetheless, his appeal was dismissed with the judge prepared to attach only limited weight to the psychologist's report.

He was granted permission to appeal to the Upper Tribunal.

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.