The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.

EWI Honorary Fellow Tony Saggers has been a drug trafficking Expert Witness since 1995, alongside a career in law enforcement that spanned 30 years. Formerly the National Crime Agency’s Head of Drugs Threat and Intelligence, he now runs a consultancy providing anti-organised crime strategy solutions, child safeguarding from criminal exploitation advice, and Expert Witness training. Here, he provides a glimpse into his long and varied career and explains the importance of impartiality, communication, and evolution in the Expert Witness field.

The Court of Appeal of Ireland found that material hyperlinked in an expert report constitutes part of the reference matrial on wich the report is based and the court is entitled (if not expected) to review it if it has any concerns with the content of the report itself. 

Tesco Ireland Limited v. Stateline Transport Limited [2024] IECA 46

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. 

The High Court of Ireland found that the Irish International Protection Appeals Tribunal's duty to cooperate required it offer the applicant the chance to obtain (or have obtained by the Tribunal) a medico-legal report on injuries which had come to light during the hearing. 

The Forensic Science Regulator is consulting on the draft for the development of version 2 of the forensic science code of practice.

In BR v BR [2024] EWFC 11, Mr Justice Peel concludes that the direction of a Single Joint Expert is the default position in the Family Court and there is a high bar to persuade the court to give permission for two or more experts to be solely instructed. 

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

A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.

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)