Questions and Answers

A Civil Justice Council working group has published a report setting out recommendations for the development of a procedure for determing mental capcity in civil proceedings. The working group notes this has been addressed to date by ad hoc solutions which have led to inefficiency, inconsistency of practice, and actions being taken without a clear legal basis.

We are pleased to welcome a new Corporate Partner

Successful Certification candidates receive their certificate from Lord Hodge.

Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.

Many expert witnesses, primarily in medico-legal work, use a third-party organisation to help them in their practice. If you use an organisation which invoices the instructing solicitor for your services, you should be aware of legal developments which might affect the information that organisation needs to provide, in order to recover their bill as part of the legal costs recovered at the end of the case.

The pair were presented with their award at the Sir Michael Davies Lecture on the 9th October.

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.