The judge noted that the expert readily accepted that integral to his reasoning was that he did not believe the claimant as to the symptoms he had suffered and, probably, teh claimant's account of the incident. In the judge's view, it is entirely outside the remit of an expert to decide which witnesses of fact he believes or disbelieves.

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) 

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee, to find out about the sorts of issues his committee sees in the expert reports submitted to them, before hearing advice from Colin and Lady Justice Simler on how to ensure you meet the requirement to provide a range of opinion. 

“If you cannot give a simple answer …”

In cross-examination and at the close of the case,  a searing attack on the expert's approach to expert evidence and independence was launched. The judge viewed many of the criticisms as well-founded. 

Relevance:      General

Topics:            Independence

                        Change of opinion

                        Range of opinion

                        Criticism of a party’s legal team