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Questions and answers

Questions and Answers

Before contacting the EWI Helpline, have a look at the questions asked by fellow members, you may find an answer to your query:

2023 in Review: Don’t let complacency ruin your credibility

2023 in Review: Don’t let complacency ruin your credibility 21 December 2023

2023 in Review: Don’t let complacency ruin your credibility

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.

Expert Evidence and the Intermediate Track

Expert Evidence and the Intermediate Track 20 December 2023

Expert Evidence and the Intermediate Track

EWI CEO Simon Berney-Edwards outlines the Rules and Practice Directions governing Expert Evidence in the new Intermediate track for Civil Claims and provides guidance for members. Recorded 20/12/23.

Sir Michael Davies lecture 2023: The criticism of Expert Witnesses in the courts

Sir Michael Davies lecture 2023: The criticism of Expert Witnesses in the courts 20 November 2023

Sir Michael Davies lecture 2023: The criticism of Expert Witnesses in the courts

We invited The Honourable Mr Justice Williams, High Court judge and chair of The Family Justice Council Subcommittee on Experts, to share his views on criticism.

When can permission be granted to use Expert Evidence?

When can permission be granted to use Expert Evidence? 17 November 2023

When can permission be granted to use Expert Evidence?

Recent judgment highlights the key tests

The change to the Declaration of Truth for Criminal Proceedings

The change to the Declaration of Truth for Criminal Proceedings 5 October 2023

The change to the Declaration of Truth for Criminal Proceedings

EWI CEO Simon Berney-Edwards talks through the change and the implications for Expert Witnesses following clarification from the Criminal Procedure Rules Committee.

Guidance for Expert Witnesses submitting reports for cases in the new Civil Intermediate Track

Guidance for Expert Witnesses submitting reports for cases in the new Civil Intermediate Track 2 October 2023

Guidance for Expert Witnesses submitting reports for cases in the new Civil Intermediate Track

We provide suggestions for Expert Witnesses who need to ensure that their reports remain within the 20 page limit. UPDATED 17th October

Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself

Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself 28 September 2023

Stay within your expertise - you don’t become an expert by virtue of having acquired knowledge in the course of the case itself

Remember the duties of the expert as set out in CPR Pt 35 and Practice Direction 35. Don't stray into giving evidence on matters falling outside your expertise.

Judgment provides illustration on what makes a good or bad Expert Witness

Judgment provides illustration on what makes a good or bad Expert Witness 4 August 2023

Judgment provides illustration on what makes a good or bad Expert Witness

The case of CCC v Sheffield Teaching Hospitals NHS Foundation Trust makes essential reading for Expert Witnesses.

Reviewing your opinion and the need for better analysis and reports from Care Experts

Reviewing your opinion and the need for better analysis and reports from Care Experts 11 July 2023

Reviewing your opinion and the need for better analysis and reports from Care Experts

Benjamin Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565(KB) provides important direction and lessons to be learned for Expert Witnesses

Criminal Procedure Rules: new criminal practice directions

Criminal Procedure Rules: new criminal practice directions 18 June 2023

Criminal Procedure Rules: new criminal practice directions

On 29 May 2023 new criminal practice directions came into force. They are now organised as a set of chapters. Chapter 7 deals with Expert Evidence. There are several changes to note.

de Renee v Galbraith-Marten (Rev) [2022] EWFC 118

de Renee v Galbraith-Marten (Rev) [2022] EWFC 118 18 June 2023

de Renee v Galbraith-Marten (Rev) [2022] EWFC 118

“The perils of being instructed by a party without the court’s permission”

D v S [2023] EWCOP 8

D v S [2023] EWCOP 8 30 May 2023

D v S [2023] EWCOP 8

“What is the test for capacity to divorce?”

The importance of knowing, and complying with, the rules relating to the presentation of expert evidence

The importance of knowing, and complying with, the rules relating to the presentation of expert evidence 17 April 2023

The importance of knowing, and complying with, the rules relating to the presentation of expert evidence

The judgement in a recent case highlights issues not only relating to the behaviour of an expert but also in regard to considerations the instructing parties must make, namely: to ensure that the expert is an appropriate expert, to instruct them properly and to ensure that the report answers the questions posed and is compliant with the rules and practice directions.

Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived

Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived 10 March 2023

Expert evidence a matter for Trial judge: Application to exclude it at pre-trial stage refused as misconceived

While there might be grounds for cross-examination of the expert in question, this did not justify excluding the evidence on the basis of issues that were for the trial judge.

Baybasin, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 2781 (Admin)

Baybasin, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 2781 (Admin) 20 December 2022

Baybasin, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 2781 (Admin)

“The risks of making a risk assessment”

 

 

Wegner v Murphy [2022] IEHC 525

Wegner v Murphy [2022] IEHC 525 25 October 2022

Wegner v Murphy [2022] IEHC 525

“What if I am provided with incomplete or redacted medical records?”

Expert’s impartiality called into question

Expert’s impartiality called into question 14 June 2022

Expert’s impartiality called into question

Mr Justice Mostyn provides an important reminder about the impartiality of experts, referencing Lord Hamblen’s speech at the recent EWI conference.

R v BRM [2022] EWCA Crim 385

R v BRM [2022] EWCA Crim 385 10 June 2022

R v BRM [2022] EWCA Crim 385

Topics:                       Asperger syndrome

Intent

Criminal Procedure Rules Part 19

Cox, R (On the Application Of) v The Oil and Gas Authority [2022] EWHC 75 (Admin)

Cox, R (On the Application Of) v The Oil and Gas Authority [2022] EWHC 75 (Admin) 10 June 2022

Cox, R (On the Application Of) v The Oil and Gas Authority [2022] EWHC 75 (Admin)

Topics:           Procedural rules

                        Guidance for the instruction of experts in civil claims

Could you give me advice on the procedure for asking for direction from the court.

12 April 2022

Could you give me advice on the procedure for asking for direction from the court.

 I'm an expert acting as a single joint expert on a case and the two solicitors do not agree what they require me to do.

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Advice notes are provided to members of the Expert Witness Institute in support of their work. They represent the Institute’s view of good practice in a particular area, and members are not obliged to follow them. They do not constitute legal or professional advice and should not be relied upon as a substitute for it. Whilst care has been taken to ensure that they are accurate, up to date, and useful, The Expert Witness Institute will not accept any legal liability in relation to them. If specific advice or information is required, then a suitably qualified professional should be consulted.