At a time when psychologists in particular are concerned about psychological evidence being given by psychologists who are unregulated, this case illustrates the risks when an ‘independent’ social worker gives psychological evidence.

The learning points are of general application. The specifics of the case are for psychologists, psychiatrists and social workers.

Coventry City Council v XX [2024] EWFC 249 (B) 

Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.

The judge found that it was entirely artificial to think that sharing a platform speaking at a seminar during (in the case of one expert) or before (in the case of the other) giving evidence would have any effect or impact on the evidence of two expert witnesses in urogynaecology.

An expert is entitled to revise his or her opinion in light of a judge's finding as to what is or is not required in order to comply with particular regulations or equivalent regulatory standards.

The cout found that a financial expert's report was inadmissible as evidence because he was not properly independent or objective, while very little weight could be attributed to the report of an employment expert because he lacked expertise in the area in which he purported to give expert evidence. 

The judge found that providing preliminary advice on the issues that arise regarding quantum did not impinge on the expert's ability to subsequently provide independent expert advice. 

“Engagement of medical experts in the Republic of Ireland”

clear guidance to legal advisers regarding joint statements by expert witnesses

“Who is responsible for providing the expert with copies of relevant medical and scientific publications?”

We take a look at how the distinction between being an independent Expert Witness is crucial in a court case.