Guidance on the Remuneration of Expert Witnesses in  Crime Cases Guidance on the Remuneration of Expert Witnesses in Crime Cases

Guidance on the Remuneration of Expert Witnesses in Crime Cases

The Legal Aid Agency ('LAA') has issued Guidance on the Remuneration of Expert Witnesses in Crime Cases.
Diclofenac and the risk of post-ERCP pancreatitis Diclofenac and the risk of post-ERCP pancreatitis

Diclofenac and the risk of post-ERCP pancreatitis

Although the detail of this judgment is for diabetologists and gastroenterologists it is of general interest with regard to its treatment of...
Restrictions on unregulated Experts in Family Law Children Proceedings Restrictions on unregulated Experts in Family Law Children Proceedings

Restrictions on unregulated Experts in Family Law Children Proceedings

The Family Procedure (Amendment) Rules 2026 amend the Family Procedure Rules 2010 to restrict unregulated experts from acting as expert witnesses in...
Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch) Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch)

Regal BA Limited v Jun Zhang [2026] EWHC 1446 (Ch)

The claimant sought damages amounting to the difference between the £16.9 million contract sale price from a failed house sale and the sum ultimately...
Podcast Episode 27: A case that changed me -  Tony Saggers Podcast Episode 27: A case that changed me - Tony Saggers

Podcast Episode 27: A case that changed me - Tony Saggers

In this month's in 'A case that changed me' we are talking with Tony Saggers who is a Threat, Risk and Harm consultant, with 30 years of...
Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service  Board:... Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board:...

Lessons for Expert Witnesses from O'Neill v Scottish Ambulance Service Board:...

The decision in O'Neill v Scottish Ambulance Service Board [2025] CSOH 17 provides important guidance on the legal and professional standards...
Advocate Economists and the Competition Appeal Tribunal Advocate Economists and the Competition Appeal Tribunal

Advocate Economists and the Competition Appeal Tribunal

At a recent Frontier Economics Litigation event, the President of the Competition Appeal Tribunal, The Honourable Mrs Justice Bacon, warned that...
A Day in the Life of a General Practitioner Expert Witness A Day in the Life of a General Practitioner Expert Witness

A Day in the Life of a General Practitioner Expert Witness

Dr Frances Cranfield is a GP, Assistant Coroner, and a founding member of the Expert Witness Institute. With three decades of experience spanning...
Podcast Episode 26: Expert Advisor versus Expert Witness Podcast Episode 26: Expert Advisor versus Expert Witness

Podcast Episode 26: Expert Advisor versus Expert Witness

This month, on the Expert Matters Podcast, we take a look at the issues and challenges of being an expert advisor versus an expert witness, and...
Podcast Episode 25: Preview of the EWI Annual Conference 2026 Podcast Episode 25: Preview of the EWI Annual Conference 2026

Podcast Episode 25: Preview of the EWI Annual Conference 2026

This month on the Expert Matters Podcast, we preview the EWI  Annual Conference which will be held virtually on 19 June 2026. We look at some of...
A Day in the Life of a Housing Disrepair Expert Witness A Day in the Life of a Housing Disrepair Expert Witness

A Day in the Life of a Housing Disrepair Expert Witness

We speak to David Deacon, a chartered surveyor who has spent his career in residential property. He founded Housing Disrepair Surveys, leading a team...
A Day in the Life of a Learning Disability and Nursing Expert Witness A Day in the Life of a Learning Disability and Nursing Expert Witness

A Day in the Life of a Learning Disability and Nursing Expert Witness

We speak to Lynn Hannon, a learning disability and autism specialist nurse who works as an Expert Witness on quantum care assessments, loss of service...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Safeguarding concern following assessment
Simon Berney-Edwards 973

Safeguarding concern following assessment

by Simon Berney-Edwards

Question

The case involves a client who is lightheaded and passing out and continues to drive. I met her face to face as an Expert Witness. Am I in a position to advise her not to drive officially or ask her to inform the DVLA even though she isn’t my patient? If she continues to drive despite this advice who should report her to the DVLA?

Can I mention her driving in the report as it is in the public interest that she should not drive?

Surprisingly no other specialist has advised her not to drive even though she has seen a neurologist and other doctors.

 

Answer

This is a difficult situation; it  throws up a potential challenge between your duty to the court as expert and duty to the claimant/defendant and yourself as a professional.

You should be able to satisfy both duties but the other point to bear in mind is the potential for causing significant distress to the claimant/defendant by making what would probably be an unexpected intervention in what is already likely to be a difficult situation.  Bearing that in mind it would be particularly important for you to communicate very clearly with the claimant/defendant and the solicitor to ensure that there have been no misunderstandings and that there are no surprises. That should go a long way towards ensuring that you discharge your safeguarding duty but don't damage your working relationship with either lay client or solicitor.

Board members from the medicolegal sectors could see some parallels, for example, very occasionally they unearth a serious diagnosis that had not previously been made and may require urgent treatment (for example a cancer detected on a scan that was instructed for other reasons). In that situation they will pass the result to the patient’s GP so that appropriate referrals can be made. If it is clearly unrelated to the injuries they are reporting on then they do not ask the solicitors before hand. If there is any overlap with the condition they are reporting on then they will discuss with the solicitors. The members concerned are lucky, as so far, their solicitors have not said no to a request from the expert to refer on through normal healthcare pathways for treatment of a serious condition. The medicolegal experts would not normally feel the need to ask the claimant’s consent to pass on their concerns to their GP, but if passing to any other non-medical authority then clearly they would need to do so. They do not have a duty to provide treatment to a medicolegal claimant. However they do have a duty to pass on any serious health or welfare concerns they have. If they did not do so, the GMC would quite rightly ask very searching questions about why they didn't.

It is not your duty to solve problems but it is suggested that it is your duty to pass on safeguarding concerns to the relevant people, be they GPs, social services or whoever else. Again, you should discuss this with your instructing solicitor but it seems the onus is on you rather than the solicitor to follow this through. Once you have raised your concerns with the person who is responsible for following it through then (is the Board's view) you have discharged your duty of care appropriately and in a way that would not compromise your position as an expert witness. To ask the solicitor to do this has been compared to a solicitor asking you to lodge your report with the court or deal with some other legal process.

One of the ways round this is to be open and honest during the instruction phase and make clear to the solicitor before accepting instructions that if safeguarding concerns are found on the assessment this will be notified to the appropriate agency.

Share

Print
Comments are only visible to subscribers.