Questions and Answers

It’s impossible to ignore Artificial Intelligence (AI) which suddenly exploded into the public conscious a couple of years ago with the launch of ChatGPT. The term AI was actually coined in 1956, and some of the underlying mathematics has been around for centuries. What changed everything was the emergence of transformers, a technology that was developed at Google that has enabled software to interpret complex human language and offer a remarkable facsimile of intelligent dialogue.

AI is infiltrating almost every area of human endeavour, so it is inevitable that it will impact your practice as an expert witness. In this introductory article, AI practitioner and Expert Witness Dr Richard Marshall discusses: the power and pitfalls of AI tools, and how AI will affect the matters on which experts opine.

The Civil Justice Council (‘CJC’) is intending to review its ‘Guidance for the instruction of experts in civil claims’ with a view to considering whether the Guidance was still useful and whether it should be updated. The CJC would be interested in hearing about any issues which they should consider as part of that review, including any broader policy issues which the CJC should consider. We've included some indicative questions in this article and would appreciate your thoughts. 

One of the key roles of the Expert Witness Institute (‘EWI’) 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 policy developments and our advocacy work over the last few months.   

We are re-publishing our article on the paper on 'How to reduce the risk of re-traumatising claimants in medico-legal litigation claims' ahead of the closing date for responses to the survey on 30 June. Don't miss out on ensuring your voice is heard!

We have published extensive new resources on Alternative Dispute Resolution in the EWI Knowledge Hub. 

Version 2 of the Forensic Science Regulator ('FSR') Code of Practice has completed its passage through both Houses of Parliament and will come into force on 2 October 2025.

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings. The guidance follows an increased use of covert recordings in family law proceedings and the need for clear guidance, and the protection and privacy of those subject to the recording.

The Civil Procedure Rule Committee has approved in principle a 2-year pilot on “access to public domain documents” in the Commercial Court, London Circuit Court and the Financial List effective from 1 October 2025. 

The EWI has been provided with a copy of a recently written paper setting out the risk of re-traumatising claimants in medico-legal litigation and proposing reforms to reduce this risk. We support the principles set out in the paper and the aims and objectives of the authors, and consider the paper is a good starting point for a broader discussion among the medio-legal community of the risk of worsening the psychological trauma and the need to work within a trauma informed approach. We have set out in this article some issues we think could benefit from the input of the wider community, but welcome views on other issues.

The Legal Aid Agency ('LAA') have updated their Guidance on the Remuneration of Expert Witnesses.

The aim of the new procedure is to ensure cases are properly pleaded before a trial date is assigned and to facilitate the earlier resolution of clinical negligence actions. This should in turn decrease legal costs.

We have just refreshed our guidance on ‘Expert Discussions and Joint Statements' in the EWI Knowledge Hub (https://www.ewi.org.uk/Knowledge-Hub). Prepared with the input of members and the EWI Editorial Committee, the guidance includes lots of invaluable advice for navigating each of the key stages in expert discussions and joint statements, form and content, joint statement templates, and how to avoid the common pitfalls. 

The Civil Procedure Rule Committee (‘Committee) decided, provisionally, to postpone the extended Fixed Recoverable Cost (‘FRC’) stocktake, which was initially planned for February 2025, until October 2025, while the the cost which may be recovered to obtain medical reports in low value road traffic accident related soft tissue and whiplash injury claims is being uprated by 25.4%.

In recent years a range of stakeholders have raised concerns regarding unregulated experts providing evidence in family law court cases and the standard of the evidence they provide. The Family Procedure Rule Committee is consulting on new FPR 25.5A with the aim of requiring any expert instructed in family law children proceedings to be regulated. A key purpose of the changes is to ensure that any expert instructed in family law children proceedings has the appropriate skills and qualifications on which to base their expert evidence. 

While there are many respectable and legitimate expert witness agencies who provide brilliant support to the expert witnesses who work with them, the EWI has had continuing reports of the activities of some unethical agencies who prey upon experts who do not have a good understanding of expert witness work or who may be vulnerable to such approaches for other reasons. We do not want any expert to fall victim to an unscrupulous agency, so we have prepared a short guide setting out the red flags to watch out for in the approach of an unethical agency and, conversely, the sorts of positive signs to expect from a respectable and legitimate agency, including a quick checklist to complete. 

The Expert Witness Institute (EWI) is thrilled to announce its inaugural Study Day, a comprehensive event designed to empower both aspiring and seasoned expert witnesses. Mark your calendars for Monday, March 18th, and join us at the prestigious Rembrandt Hotel in South Kensington, London, for a full day of invaluable learning and networking.

Professor Keith Rix discusses whether experts can accept instructions on the basis of mirroring the solicitors’ ‘no win – no fee’ agreement in personal injury compensation claims. This item appeared in the February edition of Expert Healthcare Witness Matters, a monthly email newsletter written by Professor Rix.

The Ministry of Justice has published a call for evidence on the use of evidence generated by software in criminal proceedings.

The call for evidence is to help the Ministry better understand how the current presumption concerning the admissibility of computer evidence is working in practice, and whether it is fit for purpose in the modern world. 

The Government has published its response to the consultation it ran from 18 July to 10 October 2023 on 'Revisions to the Medical Reporting Process for Road Traffic Accident Claims’. The report setting out the government's response summarises the responses received, along with information on the decisions taken and the next steps in relation to implementing outcomes related to the policy proposals consulted upon.

The Government is also engaging with stakeholders until 31 January 2025 on one of its next steps, further revisions to the fixed cost medical reports.