Questions and Answers

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. 

The Family Procedure Rule Committee has approved a proposal to roll-out the family court reporting pilot nationally, through changes to the Family Procedure Rules and new practice directions. The new reporting provisions will apply in all family courts in England and Wales from Monday 27 January 2025.

The Transparency Reporting Pilot for Financial Remedy Proceedings will be rolled out nationally from 29 january 2025, having been extended until 29 January 2026. 

The new Practice Direction of the Immigration and Asylum Chamber of the First Tier Tribunal came into force on 1 November 2024. The Practice Direction makes several changes to how appeals should be prepared.

Dr Linnell received the award for services to Justice.

The Expert Witness Institute has made the decision to discontinue its presence on X (formerly Twitter).

The Expert Witness Institute (EWI) is excited to announce a refresh of its core training offering.

Board is now engaging on its proposed Key Objectives. The Key Objectives represent the high-level outcomes that, once finalised, will guide the Board’s work. They will be used to identify areas where changes can and should be made, as well as to measure the outcomes from any change programme.

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.