10 July News Update on unregulated experts in children proceedings Unregulated Experts, unregulated psychologist, Family Procedure Rule Committee, Family Procedure Rules, Ministry of Justice, Children Proceedings, 06. Rules and Regulations The Minsitry of Justice intends to draft an amendment to the Family Procedure Rules regualting experts appointed by the court in both public and private law children proceedings.
9 July News Update on Civil Procedure Rule Committee Access to Court Documents Proposals Civil Procedure Rules, Civil Procedure Rule Committee, Access to Court Documents, Transparency and Open Justice Board, 06. Rules and Regulations The Civil Procedure Rule Committe has temporarily paused work on the proposed reforms to Access to Court Documents to allow the Transperancy and Open Justice Board to conduct the first phase of its work. The Committee has penciled in time in autumn to consider the matter further.
9 July Case Updates The Single Joint Expert and Lord Woolf's staggered approach case management, 09. Being instructed as a Single Joint Expert, Daniels v. Walker, 06. Rules and Regulations, 12. Responding to questions, 13. Experts Discussions and Joint Statements When an SJE has been appointed, but one of the parties wishes to rely on their own evidence, the court should follow the staggered approach recommended by Lord Woolf in Daniels v. Walker. John Seneschall v Trisant Foods Limited & Ors [2024] EWHC 1380 (Ch)
4 July Case Updates When lawyers interfere with a Joint Statement TCC Guide, Civil Procedure Rules, 13. Experts Discussions and Joint Statements The claimants were seeking permission to change their expert after their solicitors admitted they did not comply with applicable rules and guidance on experts' joint statements. Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors [2024] EWHC 1257 (TCC)
1 July News The Post Office Horizon IT Inquiry and the importance of Expert Witness training Duty of Expert, Duty to the court, Post Office Horizon IT Inquiry, Post Office Scandal, 17. Maintaining your professional edge, Gareth Jenkins, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence Gareth Jenkins gave evidence to the Post Office Horizon IT Inquiry from 25 to 28 June on the expert evidence he provided on the Horizon IT system. Mr Jenkins told the Inquiry that he had been unaware of his duties as an Expert Witness and had not been offered any training to support his role. The EWI offers comprehensive training on the core competencies of an Expert Witness. We urge policy and rule makers, and the judiciary, to consider how to ensure that Expert Witnesses fully understand their duties and know how to apply them.
27 June Case Updates G (A Child: Care Order) (Complex Developmental Needs) (No.2) [2023] EWFC 218 (B) Single joint expert, 16. Criticism and Complaints, Family Procedure Rules, FPR, Expert anonymity, Parenting capacity, remote attendance, Independent social worker, CVP, 15. Giving Oral Evidence An expert must read and engage with any judgments which form part of their instructions.
25 June News Concerns raised about pilot scheme for expert evidence in the Family Courts 06. Rules and Regulations, 11. Report Writing The pilot project seeks to use a range of highly expert consultants from a range of specialties undertake assessments of children, discuss findings with one another, and write a formal report for the Family Court.
25 June Case Updates MB v KB [2023] EWHC 3177 (Fam) 09. Being instructed as a Single Joint Expert, 16. Criticism and Complaints, Family Procedure Rules, FPR, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence An expert report did not address all of the questions posed in the letter of instruction, reformulated other questions, and failed to comply with FPR Part 25 in a number of important ways, while the expert witness's oral evidence failed to provide an impartial expert view.
20 June Case Updates Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) Independence, Duties of the Expert, 14. Changing your opinion, 15. Giving Oral Evidence An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.
20 June News Expert Evidence and The Post Office Horizon IT Inquiry Post Office Horizon IT Inquiry, Post Office Scandal, Jason Coyne, Kay Linnell, Gareth Jenkins, 06. Rules and Regulations, 11. Report Writing, 15. Giving Oral Evidence The Post Office Horizon IT Inquiry is currently holding the public hearings for its phases 5 and 6, which will include scrutiny of the expert evidence relied on by the Post Office. We are proud that two members of EWI provided excellent, independent expert evidence or expert advice on the Horizon case. Their roles in the case demonstrate how important it is for Expert Witnesses to understand and apply the core competencies of the profession.