A section of this judgment is headed ‘Directions concerning the medical expert’. There was no medical expert in this case. There was a report from a psychotherapist. The psychotherapist in question is not registered with the General Medical Council or the Health and Care Professions Council, and it appears that she is not registered with the UK Council of Psychotherapy or the British Association of Counselling and Psychotherapy. This had been an issue in Dosti v SSHD [2002] UKIAT 04021 at §11 where it is stated that there was some doubt as to whether an accredited psychotherapist was an appropriate person to give an expert report on the psychiatric health of a claimant. In this case the tribunal had no evidence as to any accreditation whatsoever. 

Iqbal v The Secretary of State for the Home Department [2025] UKAITUR UI2023001320

This is an important judgment for obstetricians as it shows in precise detail how the court, relying on not just the experts’ evidence but a critical analysis of the literature on which they relied, decided whether the claimant would have avoided developing HELLP had she been advised to take 75 mg aspirin at 12 (or 14) weeks instead of at 23. Twelve publications were put under the microscope and considered also in the light of research concerning the relative value of aggregate data and individual participant data.

Although the issue in this case was the prevention of HELLP, it may be an important judgment to consider in pre-eclampsia cases.

De Francisci v Hampshire Hospitals NHS Foundation Trust (County Court, Basingstoke sitting at Southampton, 9 May 2024) Case No: F16YM828

This case is important for two reasons. It illustrates that having “no control over actions” and “not making a rational decision" to end his life can be construed as satisfying Turner proposition 4. It makes clear that Turner proposition (4) is not directed at the general background or lead-up to a suicide attempt but is focused on the moment in time when suicide is attempted.

Hebda v District Court in Krakow, Poland [2025] EWHC 860 (Admin)

This case is a useful reminder about the meaning of disability in the Equality Act and the matters that expert evidence must address. 

Stedman v Haven Leisure Ltd (DISABILITY DISCRIMINATION) [2025] EAT 82) 

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)

So many of the judgments summarised in this compendium are ones in which experts are criticised and there are lessons to be learned. What this judgment makes clear is that the first instance judge was wrong to have criticised Dr Matthews ("a very experienced child psychologist"). Yes, experts sometimes get it wrong and judicial criticism is justified. But judges can also get it wrong, in this case in their criticism of an expert.  

PP v JP & Ors [2024] EWHC 1697 (Fam)

A claimant who sustained a moderately severe brain injury when she fell off a pier was found by the judge to have been been fundamentally dishonest.

The report of the psychiatrist expert witness strayed outside his expertise. It did not show any clear independent knowledge, demonstrate that that he was a country expert, or provide supporting source material.

1980 Hague Convention reports

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