EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.
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.
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.
Recent judgment highlights the key tests
EWI CEO Simon Berney-Edwards talks through the change and the implications for Expert Witnesses following clarification from the Criminal Procedure Rules Committee.
We provide suggestions for Expert Witnesses who need to ensure that their reports remain within the 20 page limit. UPDATED 17th October
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.
The case of CCC v Sheffield Teaching Hospitals NHS Foundation Trust makes essential reading for Expert Witnesses.
Benjamin Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565(KB) provides important direction and lessons to be learned for Expert Witnesses
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.
“The perils of being instructed by a party without the court’s permission”
“What is the test for capacity to divorce?”
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.
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.
“The risks of making a risk assessment”
“What if I am provided with incomplete or redacted medical records?”
Mr Justice Mostyn provides an important reminder about the impartiality of experts, referencing Lord Hamblen’s speech at the recent EWI conference.
Topics: Asperger syndrome
Intent
Criminal Procedure Rules Part 19
Topics: Procedural rules
Guidance for the instruction of experts in civil claims
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.