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31 October 2025
Issue: 8137 / Categories: Legal News , Profession , Expert Witness , Wills & Probate , Health
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NLJ this week: Instructing the right expert

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The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week

The court rejected evidence from a psychologist lacking medical qualifications, finding his reasoning opaque and his conclusions unsound. The judge reaffirmed that testamentary capacity hinges on the Banks v Goodfellow test—not a 'memory test' or speculation about later dementia.

Stanyer distils the lessons: when assessing historical capacity, solicitors must give detailed instructions, supply comprehensive background and ensure the expert can interpret medical evidence. Reports must address the testator’s health, context, and decision-making abilities clearly and objectively.

The case, she writes, exposes the risk of disrespecting the deceased with unfounded incapacity claims—and underscores the need for clarity, qualification and respect in expert testimony. 

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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