12 February Case Updates Expert reports and their appendices should not be indigestible to the court Expert reports, 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. Criticism and Complaints The judge made it clear to the parties that the expert evidence must be condensed and translated into a form which is manageable and proportionate to the court's enquiry. L v O [2024] EWFC 6
1 February Case Updates An expert who oversteps their role puts their evidence at risk Clinical psychology, Duty of Expert, Duty to the court, Judicial critism, European Convention on Human Rights, Humans Rights Act 1998, Gender Recognition Act 2004, 06. Rules and Regulations, 16. Criticism and Complaints, 10. Records Assessments and Site Visits An expert who does not understand their duty to be independent, and oversteps their role, risks the court either refusing to admit their evidence or placing less weight upon it. Ryan Castellucci, R (on the application of) v Gender Recognition Panel [2024] EWHC 54 (Admin)
22 January Case Updates Expert witnesses must not act as advocates for the party instructing them Expert evidence, Judicial critism, Dentistry, Credibility of expert, 06. Rules and Regulations, 11. Report Writing, 14. Changing your opinion, 15. Giving Oral Evidence, 16. Criticism and Complaints An expert witness must be careful not to step over the boundary between being an independent expert and an advocate for the party instructing them. Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)
19 January Case Updates Experts making the evidence fit their own conclusions do not meet their duty to the Court Expert evidence, Medical expert, CPR Part 35, Duty to the court, Judicial critism, Credibility of expert, 06. Rules and Regulations, 11. Report Writing, 13. Experts Discussions and Joint Statements, 16. Criticism and Complaints A medical expert witness was not helping the Court by trying to make the evidence about a child's injuries fit their own conclusions. LCC v V & B [2023] EWFC 268 (18 August 2023)
11 January News Psychiatrist removed from the GMC Register following misconduct as an Expert Witness 16. Criticism and Complaints Case demonstrates the importance of understanding your role as an Expert Witness.
20 November News Sir Michael Davies lecture 2023: The criticism of Expert Witnesses in the courts 16. Criticism and Complaints We invited The Honourable Mr Justice Williams, High Court judge and chair of The Family Justice Council Subcommittee on Experts, to share his views on criticism.
8 August Case Updates Sicwebu v Secretary of State for the Home Department [2023] EWCA Civ 550 Judicial critism, 16. Criticism and Complaints “The expert vindicated”
11 July News Reviewing your opinion and the need for better analysis and reports from Care Experts 14. Changing your opinion, 15. Giving Oral Evidence, 16. Criticism and Complaints Benjamin Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565(KB) provides important direction and lessons to be learned for Expert Witnesses
12 May News EWI Annual Conference 2023: keynote speech focuses on enhancing Expert credibility Credibility, 14. Changing your opinion, 15. Giving Oral Evidence, 16. Criticism and Complaints, 17. Maintaining your professional edge Lady Justice Simler considered the practical things that Experts can do to enhance their credibility.
4 April News A relief for Expert Witnesses? 16. Criticism and Complaints Being able to criticise an expert’s opinion does not amount to a flagrant disregard of their duty