Expert Witness Institute - Duty to the court

17 April

R v Valdo Calocane, The Crown Court at Nottingham, 25 January 2024, unreported

Psychiatry, Duty to the court, Interviewing witnesses, Public interest

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.

An expert who oversteps their role puts their evidence at risk

1 February

Case Updates

An expert who oversteps their role puts their evidence at risk

Clinical psychology, Duty of Expert, Duty to the court, Judicial critism, European Convention on Human Rights, Humans Rights Act 1998, Gender Recognition Act 2004

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)

Experts making the evidence fit their own conclusions do not meet their duty to the Court

19 January

Case Updates

Experts making the evidence fit their own conclusions do not meet their duty to the Court

Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert

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)

The importance of independence: preserving the integrity of the Expert Witness discussion

13 December

Expert Discussions and Joint Statements

The importance of independence: preserving the integrity of the Expert Witness discussion

Experts duty, Independence, Duty of Expert, Expert's meeting, Expert's duty, Experts meeting, Duty to the court, Instruction from solicitor

We take a look at how the distinction between being an independent Expert Witness is crucial in a court case.

Admissibility or weight: what is the test for expert evidence?

14 November

Case Updates

Admissibility or weight: what is the test for expert evidence?

Admissibility, Impartiality, Expert's behaviour, Bias, Independence, Duties of the Expert, Duty of Expert, Duty to the court, Legal role of an expert witness, Expert bias

In an exceptional case, as here, where the expert singularly and spectacularly fails in their duties to the court, expert evidence may be deemed inadmissible and never get to the stage of being tested for weight.