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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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