In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1) Transparency and Open Justice, (2) Expert Fees, (3) Expert Regulation, (4) Artificial Intelligence, and (5) Fixed Recoverable Costs. We discuss the issues, what's been happening and where developments might lead. We also say a sad farewell to our wonderful Membership Manager, Wiebke Morgan, who is retiring this month. We catch up with Wiebke to talk about her time at EWI and the most frequent errors by experts that she’s seen over her time here. And as always check out the latest news in our 'What's going on at EWI?' and 'Newsreel' segments.
You can listen to Episode 13 of the Expert Matters Podcast on a number of podcast apps, including spotify and apple podcasts. If you can't find the podcast on your favourite app, let us know at expertmatters@ewi.org.uk.
Chapters:
00:00 Introduction
00:38 What's going on at EWI?
01:44 Wiebke Morgan
09:53 Transparency and Open Justice
14:15 Expert Fees
17:23 Expert Regulation
21:26 Artificial Intelligence
24:08 Fixed Recoverable Costs
26:08 Newsreel
28:16 Conclusion
The further information, resources, judgments we mention in this episode are:
Transparency and Open Justice
Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38
House of Common Justice Committee, Open justice: court reporting in the digital age
Ministry of Justice, Open Justice: the way forward
Access to Court Documents Consultation
The EWI’s view on the Civil Procedure Rule Committee Court Documents Consultation
Access to Public Domain Documents Pilot
Transparency and Open Justice Board
Transparency and Open Justice Board Key Objectives
Speech by Mr Justice Nicklin: Open Justice – Fit for Purpose
Transparency in the Family Court Report - Courts and Tribunals Judiciary
Financial Remedies Transparency pilot notice - Courts and Tribunals Judiciary
Family Court reporting pilot to be extended nationally
Expert Fees
Podcast Episode 4: Expert Fees
Advice on Expert Fees after CXR v Dome Holdings
JXX v Scott Archibald [2025] EWHC 69 (SCCO)
Civil Procedure Rule Committee May minutes, response to question 13
Uprating of fees for fixed cost medical reports
Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses
Expert Regulation
Family Procedure Rules Consultation concerning the instruction of unregulated experts in family law children proceedings
Expert Matters, Autumn 2024 - The Importance of Expert Witness Training
Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB)
LB Croydon v D (critical scrutiny of the paedeatric overview)
Artificial Intelligence
Artificial Intelligence (AI) – Judicial Guidance - Courts and Tribunals Judiciary
Podcast Episode 11: AI and the Expert Witness
Expet Matter, Spring 2025 - Richard Marshall, AI and the Expert Witness
Fixed Recoverable Costs
Civil Procedure Rule Committee May minutes, Item 5
Newsreel
Supreme Court PACCAR ruling
Civil Justice Council Review of Litigation Funding
Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning children
How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims
Philipa Hodgson v Dr Daniel Hammond & Anor [2025] EWHC 1261 (KB)
We would appreciate your feedback including improvements and ideas for content you would like us to include at expertmatters@ewi.org.uk.