In BR v BR [2024] EWFC 11, Mr Justice Peel concludes that the direction of a Single Joint Expert is the default position in the Family Court and there is a high bar to persuade the court to give permission for two or more experts to be solely instructed. 

The judge made it clear to the parties that the expert evidence must be condensed and translated into a form which is manageable and proportionate to the court's enquiry. 

L v O [2024] EWFC 6

A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.

An expert who does not understand their duty to be independent, and oversteps their role, risks the court either refusing to admit their evidence or placing less weight upon it. 

Ryan Castellucci, R (on the application of) v Gender Recognition Panel [2024] EWHC 54 (Admin)

The Claimants' solicitors abused the Court's process by issuing claims based on the evidence of an expert when there were significant concerns as to his independence in a previous case and therefore his understanding of his duty to the Court as an expert. 

An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them.

Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)

A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. 

LCC v V & B [2023] EWFC 268 (18 August 2023)

Case demonstrates the importance of understanding your role as an Expert Witness.

Indications are that the next draft will contain more detail on Expert Evidence.

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