Not wishing to recant too many tales from the fireside, but I remember one time in court back in my trainee days in a road traffic case. The Judge became increasingly irascible as evidence was lead from expert witnesses and he ultimately commented along the lines that it defeated him why parties insisted on instructing so many expert witnesses when it is the duty of the court to consider the available factual evidence and come to its decision. Fast forward a few years and the recent decision in Beckham v McCabe  SC EDIN 65 highlights the perils of relying on the opinion of expert witnesses in (what would appear to be) the absence of good quality factual evidence.
A recent decision of the Divisional Court (England and Wales), R (Kuzmin) v the General Medical Council (2019), confirms that a tribunal has the power to draw an adverse inference from a doctor’s refusal to give evidence.
The recent Professional Negligence case Soofi v Dykes, which saw Lord Doherty in the Outer House of the Court of Session focus heavily on the Defender’s file notes in order to reach his decision, serves to reinforce the importance of keeping detailed records of client interactions.