Questions and Answers

One of the key roles of the Expert Witness Institute is to ensure that policy, rule and regulatory changes are informed by the experience of our members and the needs of the expert witness community and the wider justice system. In this update, we discuss our work in this area over the last 3 months.   

On 1 October 2024, the latest amendments to the Civil Procedure Rules will come into force.

The Family Procedure Rule Committee is consulting on a new draft Practice Direction 27A on court bundles.

Earlier this year, we asked our members about the single biggest change they’ve seen since they started practicing as an Expert Witness. With members from numerous disciplines who’ve been practicing from 40 years to 4 months, we expected a wide variety of insights, and we weren’t disappointed.

The Forensic Science Regulator has updated its Guidance on Declarations of Compliance and Non-Compliance with the Forensic Science Regulator: Code of Practice. 

NHS have announced the implementation of a new Clinical Negligence Claims Agreement for 2024. The agreement builds on the Covid-19 Clinical Negligence Protocol established in 2020 with the aim of improving claims management practices. Members who act in clinical negligence cases should note the new agreement, although it does not directly affect expert witnesses. 

Acting as a Single Joint Expert can be more challenging than being a party appointed expert. The EWI has resources to support you, but why not start by reading our ten tips.

The Lady Chief Justice has issued an amendment to the Criminal Practice Directions which comes into force on 22 July 2024. Experts working under the Criminal Procedure Rules should be aware of changes to the rules relating to joint statements. 

The results of the 2024 ERE survey suggest  change is happening but very slowly

We are busy working on redesigning our website to make it more responsive and user-friendly

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.

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. 

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.  

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.

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. 

The meeting was held via Zoom on the 12th June.

During this year’s EWI Conference on 17 May, Beth Rigby presented a session on the Expert Witness: In Practice. The session featured practical examples of an Expert under cross-examination to illustrate the pitfalls of oral evidence and how to avoid them, before concluding with breakout groups to discuss concerns with, and tips for, cross-examination. We've collated the insigfhtful feedback from these discussions. 

The Hon. Mrs. Justice Bacon delivered her closing address on how the role of the Expert Witness has evolved in modern litigation and the challenges this presents for experts, those instructing them, and judges alike.

Our annual conference is always a highlight in the Expert Witness Institute calendar. This year’s event, which took place on 17^th May, saw The Rt. Hon. Sir Keith Lindblom deliver a captivating opening keynote.

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.