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)

The sheriff appeal court upheld the sheriff's award of damages for injuries sustained in a vehicle accident which were assessed, in the absence of admissible expert evidence, on the basis of common experience. 

The case of Valdo Calocane, convicted of diminished responsibility manslaughter, has brought to the public’s attention the role of expert psychiatric witnesses in cases of alleged murder. The case raises a number of issues about the role of expert witnesses in criminal proceedings, mental condition defences and the meaning of public interest.

From February to April 2024, the Civil Procedure Rule Committee (‘Committee’) held a consultation on a proposed draft amendment to the Civil Procedure Rules (‘CPR’) rule 5.4C (supply of documents to a non-party from court records). We've set out the key themes and recommendations in the EWI response.