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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:

When and how can an expert withdraw from a claim?

Make sure you pay your expert!

Make sure you pay your expert! 23 November 2023

Make sure you pay your expert!

Law Society Gazette reports on a case where an Expert Witness refused to act after accusing solicitors of not paying him and naming him on cases without his knowledge.

Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB)

Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB) 16 October 2023

Astley (A minor) v Lancashire Teaching Hospitals NHS Foundation Trust [2023] EWHC 1921 (KB)

Failure to have regard to the Particulars of Claim

Ogonowska, R v (Rev1) [2023] EWCA Crim 1021

Ogonowska, R v (Rev1) [2023] EWCA Crim 1021 16 October 2023

Ogonowska, R v (Rev1) [2023] EWCA Crim 1021

Judicial criticism is not fatal

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.

Claimant has turned into Litigant in person – do I have to attend court and how do I ensure I get paid?

Northampton General Hospital NHS Trust v Hoskin (Manchester County Court, unreported, 22 May 2023)

Henderson & Jones Ltd v Ross [2023] EWHC 1276 (Ch)

Henderson & Jones Ltd v Ross [2023] EWHC 1276 (Ch) 8 August 2023

Henderson & Jones Ltd v Ross [2023] EWHC 1276 (Ch)

“What is the purpose of the joint statement?”

Lynch v Government of the United States of America [2023] EWHC 876 (Admin)

The changing face of the Expert Witness

The changing face of the Expert Witness 21 July 2023

The changing face of the Expert Witness

How can experts adapt and grow professionally in an ever-changing environment?

Results of the ERE survey make sobering reading

Results of the ERE survey make sobering reading 18 June 2023

Results of the ERE survey make sobering reading

In 2022,  women were appointed as the sole expert witness in just 10% of disputes worldwide,

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”

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.

EWI in conversation with Dr Kathryn Newns

EWI in conversation with Dr Kathryn Newns 28 February 2023

EWI in conversation with Dr Kathryn Newns

Dr Kathryn Newns reflects on her experience becoming a Certified Fellow of the Institute and why she believes it is important that all Expert Witnesses consider EWI Certification. 

Can I increase fees in a long-running case - and how should I go about it?

19 January 2023

Can I increase fees in a long-running case - and how should I go about it?

Short Answer: It depends on your Terms and Conditions

6 Top Tips to Protect Your Business

6 Top Tips to Protect Your Business 18 December 2022

6 Top Tips to Protect Your Business

Hazel Napier from BEB Contract & Legal Services have come up with the following top tips to make sure your business is protected

EWI in conversation with Frederico Singarajah - Unconcious Bias

EWI in conversation with Frederico Singarajah - Unconcious Bias 9 December 2022

EWI in conversation with Frederico Singarajah - Unconcious Bias

Saba Naqshbandi speaks to Frederico Singarajah from Gatehouse Chambers about Unconcious Bias and the issues which Expert Witnesses must consider.

EWI in conversation with Tom Magner - Communication Skills

EWI in conversation with Tom Magner - Communication Skills 11 November 2022

EWI in conversation with Tom Magner - Communication Skills

Simon Berney-Edwards talks to Tom Magner about his top tips for handling the media and journalists. His approach is applicable to anyone who needs to think about communicating carefully and succinctly. A useful skill for any Expert.

R v Fitzsimmons v [2022] NICC 27

R v Fitzsimmons v [2022] NICC 27 25 October 2022

R v Fitzsimmons v [2022] NICC 27

“Can your paper trail be followed?”

Family Justice Council – Experts Committee Symposium – 12 October 2022

Family Justice Council – Experts Committee Symposium – 12 October 2022 18 October 2022

Family Justice Council – Experts Committee Symposium – 12 October 2022

A reflection of the day by Wiebke Morgan, Membership Manager (having watched the event remotely)

The event, held at Birmingham Children's Hospital, was hosted by Mr Justice David Williams and offered talks by experts and breakout group opportunities in respect of expert evidence in the family courts. The opening address was provided by Sir Andrew McFarlane. Professor Keith Rix, a Fellow of the Expert Witness Institute gave a presentation on case updates and led one of the break-out groups.

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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.