Expert witness – Duty to disclose adverse judicial criticism

• Publication date: September 2025
• Publication: Law Society Gazette
• Information type: Article

New High Court Ruling Highlights Expert Witness Duty to Disclose Previous Judicial Criticism

Liverpool Solicitor Richard Edwards here writes about a recent High Court decision in a commercial dispute which has raised important questions about the duty of expert witnesses in civil cases. The article explores the duty of experts to disclose prior judicial criticism of their evidence. While criminal courts require experts to reveal such criticism to ensure fairness, this has not been clearly established in civil litigation. In the case of JSC Commercial Bank Privatbank v Kolomoisky, the court held that experts owe a personal duty of candour to disclose adverse comments from earlier cases, even if those comments are not directly related to the current matter. The ruling indicates a significant extension in the duties of experts in civil litigation. The article suggests that civil litigators and experts need to be transparent about past judicial feedback.

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Expert witnesses article – Law Society Gazette September 2025 (PDF: 78 KB)

This article does not represent legal advice. All claimants require specialist bespoke advice about their own individual claims from expert lawyers. If you require advice about any issue covered by this article, please contact our offices and ask to speak to Richard Edwards.