Rod Appleyard has been practising as an Expert Witness for almost 28 years, specialising in the forensic investigation of fenestration and building envelope defects. He shares what led him to the Expert Witness field; his advice for starting out; and why volunteering in a war zone changed his outlook on work and life.   

In this update on the 20-page limit for expert reports for cases on the Intermediate Track, we set out the position of the Civil Procedure Rule Committee on our concerns following further discussions, the Committee's intention to review the reforms after 12 months, and the EWI's advice to members. 

The judge considered, but did not reach a conclusion on, whether a party's communications with their expert before a joint meeting of experts should be disclosed. 

A Single Joint Expert caused difficulties by an unwise pre-hearing exchange with one of the parties in the absence of the other party, and legal representatives.

We’re starting a new EWI series with A spotlight on… the Post Office Horizon Scandal which looks at how the Post Office failed to listen to, and act on, expert advice. EWI member and IT and digital forensics expert, Jason Coyne, first spotted errors in the Horizon system in 2003 while working as a Single Joint Expert, only to have his findings dismissed by the Post Office. Jason tells us more about his involvement in the case, including how he later acted as an Expert Witness in the sub-postmasters’ case against the Post Office.

The case involved the question of whether the claimants should have permission to call expert security evidence.

The Civil Procedure Rule Committee is consulting on proposed changes to the Civil Procedure Rules to ensure that courts consider alterative dispute resolution as a key part of the court process, and are able to both encourage and order parties ot participate in it. 

A defendant who chose not to attend or be represented at trial, suggested that he might still instruct his expert witness to provide oral evidence. 

Ben Leeson & Anor v Donald McPherson [2024] EWHC 976 (Ch)

In a Parliamentary debate, Lord Bellamy, a Minister of Justice, noted the neeed for the Family Procedure Rule Comitttee to develop a solution to prevent unregulatd psychologists giving evidence in the Family Court. 

The High Court found that the Crown Court was bound to accept an uncontested expert report if it did not have a valid reasons for departing from the expert's opinion. 

Robert Fitzgerald v CPS [2024] EWHC 869 (Admin)