Making a complaint about an EWI Member
The Institute takes the conduct of its members very seriously. It is important to note that we are a membership body and do not have any regulatory functions. Therefore, serious breaches of our code of professional conduct may result in removal from membership, but we cannot stop a member from engaging in further Expert Witness work outside of our purview.
The Institute will only look into complaints about aspects of the conduct of one of its current members with regard to his or her duties as an expert witness. The complaint must relate specifically to an alleged breach of the Code of Practice and must be sufficiently serious to be capable, if proved, of amounting to misconduct or gross misconduct. Alleged conduct which was merely negligent will not normally be investigated under these proceedings.
To raise a complaint against an existing member of the Institute, you must first complete an initial form which will help us determine if the complaint can be considered by us at this time.
The Institute can consider:
- complaints that a Member acted in a manner which compromised or impaired, or was likely to compromise or impair their independence, impartiality, objectivity or integrity as an expert;
- convictions or determinations or sanctions imposed by a regulatory body which are said to damage the good repute of the expert or of expert witnesses generally;
- criticisms of a Member made by a judge which relate to their conduct as an expert witness;
- complaints that a Member breached their duty to the court or tribunal;
- non-compliance with applicable rules;
- alleged breaches of confidentiality;
- inappropriate payment arrangements or conflicts of interest;
- lack of adequate indemnity insurance;
- misleading publicity
The EWI cannot investigate complaints made:
- against Affiliate Members, Honorary Fellows, Corporate Members, Corporate Partners, or Supplier Partner or complaints;
- against an expert who is no longer a practising member of EWI;
- about a member’s general fitness to practice in their underlying profession. Such matters should normally be reported to the member’s primary professional or regulatory body.
- concerning mere disagreement with a member’s professional opinion or methodology adopted in a particular case.
The EWI will also not investigate complaints:
- where the case is ongoing;
- which ask the EWI to make a judgment on a point of law (eg. Breach of contract);
- made anonymously;
- made prior or during litigation or pending or potential litigation regarding the case or expert services.
Complaints regarding EWI Corporate Members of Partners
If you have a complaint about one of our Corporate Members or Corporate Partners, please contact the Institute who will advise you regarding the type of complaints that can be investigated.
Submitting your complaint
Only complaints which specifically related to our Code of Conduct will be investigated. Our complaint procedure cannot be used to assess general standards of practice and are not a substitute for any civil claim. Please make sure you have read our Code of Practice and complaints procedure before submitting your complaint.
Submit your Complaint