header-logo header-logo

31 October 2025
Issue: 8137 / Categories: Legal News , Profession , Expert Witness , Wills & Probate , Health
printer mail-detail

NLJ this week: Instructing the right expert

234226
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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll