Expert Witness Institute

28/08/2026

What does it mean to be an expert witness?

On paper, it's straightforward, someone with specialist knowledge, instructed to help a court or tribunal understand evidence outside its own expertise.

In practice, it's a lot more demanding than that definition suggests.

It means your duty shifts. The moment you accept instruction, your primary obligation is no longer to the party who's paying you, it's to the court. That's not a technicality. It shapes every opinion you form, every report you write, and every answer you give under cross-examination.

It means being willing to say no. To a solicitor steering you toward a particular conclusion. To a instruction that strays outside your genuine expertise. To your own instinct to please the person who instructed you, when the evidence doesn't support what they want to hear.

It means staying current. You can't offer credible opinion on today's standards if your own practice has fallen behind them. The best experts we speak to are still working, still learning, still testing their thinking against real cases, not coasting on expertise built years ago.

It means holding your position under pressure. Conference with counsel. Cross-examination. A barrister deliberately probing for the weakest point in your report. If you can't defend your reasoning when it's tested, it was never solid enough to begin with.


And it means never forgetting there's a real person at the centre of it. Behind every case number is someone whose life has changed, who is relying on the professionals involved, including you, to get it right.

It's a steep learning curve, and honestly, many experts say it took years before they felt truly comfortable in the role. But that discomfort is often a sign you're taking the responsibility seriously.

What would you add? We'd love to hear from experts in our community, what does being an expert witness mean to you?

New to the profession or still considering whether to make the move? Interested in finding out more about? Join our Becoming an Expert Witness Webinar on the 8th September https://www.ewi.org.uk/Training-and-Events/Event-Details/eventDateId/301

27/08/2026

⚠️ Case Update: Lorimer-Wing v Hashmi [2026] EWHC 1843 (Ch)

A striking case for expert witnesses - a reminder of what to do when things go wrong after your evidence has already shaped the outcome.

In this case, an expert who had provided valuation evidence in a quantum trial wrote to the court three months after the trial had concluded, raising concerns about his own report. He cited health issues that he said had led to errors, including a failure to account for the company's debt, and stated his revised view was that the true value was likely substantially lower than what he'd originally set out.

The result - the court stayed the effect of an earlier sanctions order, permission to appeal was granted, and the quantum decision was ultimately remitted back to a different court for a fresh determination, with a new expert to be instructed.

Key learning points for experts:
🔹 If you realise you've made an error in your report, notify your instructing party immediately, and if the report's already been served, both the opposing party and the court need to know as soon as possible
🔹 Health issues that could affect your ability to act should be discussed with your instructing party and depending on severity, withdrawing may be the right call
🔹 Withdrawal requires the court's permission, but courts are likely to accept it in genuine circumstances like these
🔹 Be aware, you may be exposed to a costs claim (e.g. for an appeal or rehearing) if additional costs result from your actions

This case is a sobering illustration of how much can turn on an expert coming forward, even late, versus staying silent.

📖 Read the full case note: https://www.ewi.org.uk/News/Case-Updates/lorimer-wing-v-hashmi-2026-ewhc-1843-ch

26/08/2026

📋 New Guidance: Acting for a Litigant in Person

We've just published new guidance for expert witnesses on acting for litigants in person, a situation more experts are likely to encounter than they might expect.

Our general advice to members remains that you should not act for unrepresented parties. But there are circumstances where this becomes more complicated:

🔹 An exceptional case an expert may genuinely wish to take on, a particularly interesting or unusual matter, for example
🔹 A case where the lawyers go off the record mid-instruction, leaving the expert acting for a litigant in person with an uncompleted instruction, through no choice of their own

In either scenario, experts need absolute clarity on how to navigate it: acting in accordance with your professional duties, staying mindful of your overriding duty to the court, and meeting your obligations to your client, even without a legal team in the mix to help manage the process.

Our new guide walks through exactly how to approach this.

📖 Read the full guidance: https://www.ewi.org.uk/Knowledge-Hub/Working-with-Instructing-Parties/Acting-for-a-Litigant-in-Person

21/08/2026

📢 The full programme for the Scottish Medicolegal Conference 2026 is officially LIVE! 🏴󠁧󠁢󠁳󠁣󠁴󠁿⚖️

Join us on Friday, 18th September at Grand Central, Glasgow for a full day of high-level discussion, practical learning, and cross-disciplinary networking.

🌟 Headline Highlights:
Keynote: A View from the Bench: Senator of the College of Justice, Lord Arthurson, offers a candid judicial perspective on what makes expert evidence bulletproof, and the common missteps that destroy credibility.

Cross-Disciplinary Panel: Acceleration vs. Exacerbation featuring orthopaedic surgeons, clinical psychologists, advocates, and solicitors tackling complex causation and pre-existing pathology.

Behind the Psychological Report: Insights into diagnostic frameworks and clinical reasoning with Dr Lisa Gadon & Dr Michelle O’Shea.

Serious Injury & Trauma-Informed Practice: Early instruction and joint expert meetings with Thompsons Scotland.

AI & Expert Evidence: Navigating emerging technologies with Richard Marshall.

Interactive Roundtable: Direct conversation between solicitors and medical experts on building better working relationships.

Whether you are a medical expert witness, solicitor, or advocate, this conference is designed to give you actionable insights you can apply directly to your practice.

🎟 Explore the full agenda and reserve your place today:

https://www.ewi.org.uk/Training-and-Events/Event-Details/eventDateId/312

The Expert Witness Institute is the leading professional membership body for Expert Witnesses in the UK.

20/08/2026

⚠️ New case note: Be cautious when accepting instructions from a Litigant in Person

A recent judgment is a useful reminder for expert witnesses about the risks of instructions from Litigants in Person (LiPs).

In this case, a claimant submitted a "independent expert report" in support of his application, without ever seeking the court's permission to rely on expert evidence. When examined, the report fell well short of CPR 35 compliance: the expert had blended submissions with opinion, acting as judge and jury rather than providing an independent view.

The court was clear, this wasn't compliant expert evidence, and permission to rely on it would have been refused in any case.

For experts, the learning points are worth taking seriously:
🔹 Be cautious when accepting instructions from a LiP, they may have limited understanding of procedural rules
🔹 Make sure you fully understand how your report will actually be used
🔹 Listen to our podcast on Acting for Litigants in Person, and look out for our upcoming guidance on the topic
Watch out for our Guidance on 'Acting for a Litigant in Person' for advice on acting for a LiP and what to do when your previously represented party becomes a LiP.

Cam Askan v HM Land Registry [2026] EWHC 1352 (Ch)

Read our full summary and find the link to the judgement: https://www.ewi.org.uk/News/ArtMID/1215/ArticleID/1082/preview/true/Be-cautious-when-accepting-instructions-from-a-Litigant-in-Person

🎧 Podcast: https://www.ewi.org.uk/News/ArticleID/1076/ArtMID/1215/preview/true

17/08/2026

💬 A Day in the Life: Physiotherapy Expert Witness

What does it actually take to be a good Expert Witness? Kathryn Rowe, a physiotherapist with 17+ years' experience in neurological, spinal and orthopaedic rehabilitation, gave us an honest look behind the role.

A few things stood out:

🔹 She never planned this career. A friend suggested it. Kathryn was sceptical at first, until she realised the work was still fundamentally about helping people get the rehabilitation they need.

🔹 Objectivity is everything. Kathryn deliberately balances claimant and defendant work, because she believes only acting for one side risks losing impartiality without even noticing.

🔹 Being an Expert means being able to say no. She's been pushed toward a particular conclusion by solicitors before, and holding her ground, especially on contentious costs like home hydrotherapy pools, is part of the job.

🔹 She still treats patients. Alongside her Expert Witness work, Kathryn continues practising as a physiotherapist and case manager, because she believes you can't offer credible expert opinion if your clinical practice falls out of date.

🔹 It's a long learning curve. Six years in, Kathryn says she's only just started to feel truly comfortable in the role, and that staying curious, not arrogant, is what makes Experts better over time.

Her advice to anyone starting out? Don't do it without support. Speak to other Experts, observe court proceedings, and expect a steep, but rewarding, learning curve.

📖 Read Kathryn's full story: https://www.ewi.org.uk/News/ArtMID/1215/ArticleID/1080/preview/true/A-Day-in-the-Life-of-a-Physiotherapy-Expert-Witness

14/08/2026

Thinking about expanding your career into expert witness work? Before taking on your first instruction, doing the groundwork is essential. ⚖️

Becoming an expert witness is one of the most intellectually rewarding, and impactful ways to leverage your professional knowledge. Whether you work in healthcare, engineering, finance, construction, surveying, or any other specialized field, your expertise is in high demand across the justice system.

However, stepping into the legal arena brings strict responsibilities, demanding standards, and distinct procedural rules.

If you are considering a career as an expert witness or simply want to find out what it involves, our upcoming live webinar will give you a clear, realistic roadmap of what to expect, how demanding the work can be, and how fulfilling it is to build a successful practice.

What You’ll Learn:
Duties & Responsibilities: Understand what judges, solicitors, and courts legally expect from an expert witness.

Court Variations: Discover how rules and procedures differ across Civil, Criminal, and Family courts.

Key Deliverables: Get insights into report writing, attending experts' meetings, and giving oral evidence under cross-examination.

Professional Support: Explore how a professional body can support your ongoing training, accreditation, and career growth.

Live Q&A: Have your specific questions answered directly by an experienced, practicing expert witness.

Event Details:
🗓 08.09.26

⏰ 18:00-19:30

Whether you are actively looking to start your practice or just curious about what's required, this session will provide everything you need to know before taking the next step.

👇 Reserve your spot today:

https://www.ewi.org.uk/Training-and-Events/Event-Details/eventDateId/301

13/08/2026

Supporting expert witnesses at every step of the way. 🤝

Stepping into the legal arena requires preparation, and maintaining a high-standard practice requires ongoing support. At the Expert Witness Institute, we welcome specialists across all disciplines—whether you are just exploring the role or have years of cross-examination experience under your belt.

Our structured membership pathways ensure you get the exact support, resources, and recognition you need as your practice evolves.

👇 Explore our membership framework in the infographic below!

https://www.ewi.org.uk/Membership

12/08/2026

Acceleration vs. Exacerbation: How do you untangle pre-existing pathology from accident-related injury? ⚖️🩺

In personal injury and clinical negligence cases, distinguishing between an acceleration of an underlying condition and a true exacerbation is one of the most complex challenges facing medical experts, solicitors, and counsel alike.

At our upcoming Scottish Medico-Legal Conference, our expert cross-disciplinary panel will tackle the clinical, legal, and evidential hurdles surrounding causation, prognosis, and pre-existing conditions.

📍 Session Focus:
Dissecting Causation: Unpacking the fine line between accelerating an inevitable condition and exacerbating symptoms.

Evidential Rigour: Practical approaches to evaluating pre-existing medical records and establishing robust prognostic timelines.

Cross-Discipline Perspectives: Hearing how judges, advocates, and solicitors scrutinise medical opinions on acceleration vs. exacerbation in Scottish proceedings.

🎙️ Meet the Panel:
Chair: Robert Carter (Consultant Trauma & Orthopaedic Surgeon)

Panel: Amit Putti (Consultant Orthopaedic Surgeon), Professor White (Consultant Clinical Psychologist), Jan McCall (Advocate), and Robert Cranston (Solicitor).

Whether you are drafting expert reports or instructing on complex injury claims, this interactive session will give you valuable insights into building and defending your expert opinions.

👇 View the full programme and book your delegate place here:

https://www.ewi.org.uk/Training-and-Events/Event-Details/eventDateId/312

11/08/2026

Part 35 Compliance in High-Stakes Group Litigation: Lessons from the Diesel Emissions Trial ⚖️🚗

In Various Claimants v Mercedes-Benz Group and Others [2026] EWHC 1753 (KB), the High Court addressed key liability issues surrounding alleged prohibited defeat devices (PDDs). While the trial judge praised much of the expert evidence, describing some of it as among the "fairest and most impressive" she had ever seen, her judgment delivers crucial lessons on expert witness duties under CPR Part 35.

💡 Key Takeaways

For Instructing Legal Teams:

Support First-Time Jurisdiction Experts: Experts with extensive overseas experience may still need detailed guidance on the specific ethos and duties of CPR Part 35.

Rigorous Pre-Submission Checks: Thoroughly review draft reports to ensure internal team notes, track changes, or unverified draft comments are fully removed before serving.

For Expert Witnesses:

Understand Local Procedural Ethos: Experience in other jurisdictions does not replace the specific requirements of CPR Part 35. Always answer questions directly and comply strictly with judicial rulings.

Stay Within Your Discipline: Do not offer opinions on matters outside your specific expert field—defer to instructed specialists in adjacent disciplines.

Maintain Passionate Independence: Avoid developing an emotional attachment or personal commitment to the case, which can undermine your perceived objectivity.

Avoid Over-Reliance on Support Teams: While research assistants and teams can help, the report must reflect your independent judgment. Draft notes arguing for a "best case" result must never seep into expert evidence.

Address Language Nuances: If testifying in a non-native language, consider translator support—even advanced fluency can be stretched during a lengthy, highly technical cross-examination.

Account for Past Consistency: Be prepared to explain any discrepancies between your current testimony and evidence given in prior, similar proceedings.

📖 Read our full case breakdown and detailed analysis here:

https://www.ewi.org.uk/News/ArticleID/1117/ArtMID/1215/preview/true