A fundamentally flawed report

 

Summary

The parties unanimously agreed that the report of a Court appointed expert was fundamentally flawed, could not be relied upon, and a new psychologist would need to be instructed after the expert directly challenged the findings of the Court and the soundness of the evidence on which those findings were based. The Court denied the expert’s subsequent request for anonymity.

Learning points

Learning points for experts

• Make sure you understand and comply with the applicable procedural rules, practice directions and guidance. The EWI recommends that experts obtain this knowledge through training with a reputable provider, ongoing CPD, and membership of an organisation, such as the EWI, which provides ongoing professional support.

• An expert witness must not trespass on the Court’s role in finding the facts or challenge the facts determined by the Court.

• Expert witnesses who provide written or oral evidence in cases that proceed to court, will in most cases be named in the judgment. However, there are some circumstances in which the expert may be able to demonstrate that their need for anonymity outweighs the competing public interest in the publication of their name.

• The court is unlikely to agree to anonymisation in order to shield the expert from the consequences of any errors they have made.

Learning points for instructing parties 

• Always check that the experts you instruct can demonstrate their expertise as an expert witness, including an understanding of the applicable procedural rules, practice directions, and guidance. They can demonstrate this, for example, by having undertaken expert witness training from a reputable provider, maintaining ongoing CPD, and holding membership in an organisation which provides ongoing professional support, such as the Expert Witness Institute.

• Registration with a professional regulator (in this case, the Health Care Professions Council) does not guarantee that an expert witness has the understanding and training to act competently as an expert witness.

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