Rough or inappropriate handling of an infant Rough or inappropriate handling of an infant

Rough or inappropriate handling of an infant

As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in...
Unresponsive episodes in a child and the role of chloral hydrate Unresponsive episodes in a child and the role of chloral hydrate

Unresponsive episodes in a child and the role of chloral hydrate

For the specialists this case illustrates how the court investigates case of perplexing presentations in children and the importance of considering as...
Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning... Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning...

Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning...

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in...
Access to public domain documents pilot Access to public domain documents pilot

Access to public domain documents pilot

The Civil Procedure Rule Committee has approved in principle a 2-year pilot on “access to public domain documents” in the Commercial...
How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims

The EWI has been provided with a copy of a recently written paper setting out the risk of re-traumatising claimants in medico-legal litigation and...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...
Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch) Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch)

Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch)

The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...
Podcast Episode 10: Equal Representation for Expert Witnesses Podcast Episode 10: Equal Representation for Expert Witnesses

Podcast Episode 10: Equal Representation for Expert Witnesses

In Episode 10 of the Expert Matters Podcast we celebrate International Women's Day. Women are appointed or testify in only 9% of disputes...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...

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News

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Degenerative or traumatic spinal damage?
Case Updates

Degenerative or traumatic spinal damage?

A common issue in personal injury orthopaedic cases is whether the damage of which the claimant complains is degenerative or traumatic in origin or a combination. This case illustrates for specialists in neurosurgery, orthopaedics, pain medicine and radiology how the court resolved conflicting expert evidence. It also illustrates the risks of reliance on the claimant’s self-reported history, especially if they have taken it upon themselves to research into areas of medical and legal expertise.

Rezmuves v Birney [2024] IEHC 592 

Can capacity be assessed on papers without a consultation?
Case Updates

Can capacity be assessed on papers without a consultation?

Any uncertainty as to whether a psychiatrist can provide an expert report as a paper-based assessment is answered by this case.

In this case the paper-based assessment was sufficient for the court to conclude that, having regard to the Mental Capacity Act 2005, s 48, there were "reasons to believe that the Appellant lacks capacity". However, the fact that the court did not make a finding of a lack of capacity and transferred the case to a Tier 3 (High Court) Judge of the Court of Protection in order to determine the matter of capacity indicates how the court recognises how much more difficult it is to make a finding when the report relies on a paper-based assessment compared to a consultation with the subject of the report.   

MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579 

When expert evidence falls well below the standard of a competent expert witness
Case Updates

When expert evidence falls well below the standard of a competent expert witness

The judge found that the evidence of the claimants' psychological expert fell well below the standard to be expected of a competent expert witness, both as to form and as to substance.

Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB)

Litigation capacity
Case Updates

Litigation capacity

Although accepting the medical expert's conclusion on the First Defendant's capacity to appear in court, the Bailiff noted that any further application for an adjournment on health grounds would require a much more significant explanation of the First Defendant's medical history, and precise problems and prognosis, to be provided well in advance.

Emirates NBD Bank PJSC v Almakhawi and Ors [2024] JRC 086

R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported
Case Updates

R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported

The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.

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