X and Y (Care Proceedings: Fact Finding: Death of a Child: Expert Evidence), Re [2025] EWFC 132

 

Summary

This was a fact finding hearing into the death of a young child. The Judge found that the neurologist expert witness failed to discharge his duties as an expert witness to the family court.

Learning points

• Make sure you understand and fully comply with all rules, practice directions, and guidance or memorandums for giving expert evidence in that court or tribunal.
• If you provide expert evidence on the same case in different court jurisdictions, ensure that either your evidence is consistent across both or you can clearly explain the reasons for any differences.
• Be wary of adopting a closed mind or a dogmatic approach. Carefully and fairly consider all evidence, including any evidence that is inconsistent with your opinion.
• If you are asked a question that is outside your area of expertise, state this clearly and defer to the opinion of the expert in that field, if one has been instructed.
• Prepare thoroughly for oral evidence. If you are asked a question that you cannot answer confidently without further research, clearly state any caveats that apply to your response.
• If being instructed late restricts your ability to meet your duties, do not hesitate to request more time to consider the material and prepare your report.
• The court is unlikely to accept a lack of time as an excuse for not sufficiently setting out your workings and explaining how you reached your conclusions.
• If experts in other fields have been instructed, you should adopt a rigorous and multidisciplinary approach to the issues in the case, deferring as appropriate to the other experts.

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