Duty to disclose adverse judicial criticism
Principal Solicitor, Richard Edwards had an article published in the Law Society Gazette magazine this week.
The article, entitled ‘Expert witnesses, Duty to disclose adverse judicial criticism’ commented on a recent High Court decision JSC Commercial Bank Privatbank v Kolomoisky and others [2025] EWHC 1987. As Richard observes, it appears to extend the duty of expert witnesses to disclose previous adverse judicial criticism into the sphere of civil litigation. This is significant as it impacts upon the way that lawyers approach the selection of experts that they rely upon, and the information that must be disclosed with the expert’s report.
Serious injury and complex claims invariably involve expert evidence. Experts are always needed to provide an opinion regarding the nature and extent of the injuries sustained. In catastrophic injury claims a wide range of experts will be needed to prove every aspect of loss. This is not just limited to the nature of the injury but also the value of the losses. This might require experts in accommodation, care, occupational therapy, physiotherapy, Court of Protection costs, assistive technology, prosthetics and so on. Each side might want to call their own experts and, if so, this means that claimants must undergo two assessments, one with each expert.
It is not unusual for expert witnesses to be needed to help with proving the claim too. In other words, to show that the other party is to blame for what happened. For instance, forensic accident reconstruction evidence is commonplace in high value road traffic accident claims. Engineering evidence is frequently called for in industrial accidents. Cases involving falls from windows might require experts in building surveying. In clinical negligence claims medical experts are needed to prove that the standard of treatment provided was outside the bounds of what is reasonable. The approach to the selection of expert witnesses is a crucial stage in the litigation process. How that evidence is then marshalled and deployed in the litigation is equally as important.
Richard has over twenty years of experience of working with leading expert witnesses in the country in complex high value claims. He has published extensive work in this field, and he sits on the Board of Governors at the Expert Witness Institute. If you have a complex or serious injury claim and need a second opinion, or if you are simply looking for representation then please contact us on info@richardedwardssolicitors.co.uk or by telephone on 0151 829 9111.
Download Expert witnesses, Duty to disclose adverse judicial criticism article (PDF 56KB)
Contact
Richard Edwards
Principal Solicitor and Founder
Phone: 0151 829 9111