22 May News Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning children Covert recording, Family Justice Council The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings. The guidance follows an increased use of covert recordings in family law proceedings and the need for clear guidance, and the protection and privacy of those subject to the recording.
21 May News Access to public domain documents pilot 06. Rules and Regulations, Access to Court Documents, Transparency and Open Justice Board, CPRC, Open Justice The Civil Procedure Rule Committee has approved in principle a 2-year pilot on “access to public domain documents” in the Commercial Court, London Circuit Court and the Financial List effective from 1 October 2025.
20 May News How to Reduce the Re-traumatisation of Claimants in Medico-Legal Litigation Claims Medico-legal, psychological trauma The EWI has been provided with a copy of a recently written paper setting out the risk of re-traumatising claimants in medico-legal litigation and proposing reforms to reduce this risk. We support the principles set out in the paper and the aims and objectives of the authors, and consider the paper is a good starting point for a broader discussion among the medio-legal community of the risk of worsening the psychological trauma and the need to work within a trauma informed approach. We have set out in this article some issues we think could benefit from the input of the wider community, but welcome views on other issues.
19 May Podcast Podcast Episode 12: Expert Discussions and Joint Statements 13. Experts Discussions and Joint Statements In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any proceeding, so join us as we discuss how to do them well and avoid the common pitfalls, look at the EWI's recently refreshed guidance, and hear top tips from Beth Rigby and Jessica Thurston, who present the EWI webinar on Expert Discussions and Joint Statements. And as usual, we begin with our segment on 'What's going on at EWI?' and end with 'Newsreel', a quick fire discussion of the key things you need to know this month.
16 May Case Updates Martin Craig Nicholas & Ors v Barnes Davison Thomas & Anor [2025] EWHC 752 (Ch) 06. Rules and Regulations, 11. Report Writing, 07. Receiving Instructions, 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints The claimants, who carried on a business breeding falcons, made allegations of harassment and nuisance against their neighbour, who operated a small farm neighbouring their property. While the judge accepted some of the claimants’ criticisms of one of the defendants’ experts, he also noted that the claimants could not complain about the consequences of their putting in new evidence that was not in accordance with the timetable laid down at the CCMC.
6 May Case Updates Rajan Marwaha v Director of Border Revenue & Anor Revenue & Anor 06. Rules and Regulations, 11. Report Writing, 08. Working with Instructing Parties, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence The Claimant claimed he had suffered a substantial loss due to the destruction of two consignments of poppy heads by the Defendants. The parties were given permission to rely on the written evidence of expert accountants. The Claimant made an application to the Court for the accountancy expert witnesses to give oral evidence at the trial and an application to adduce evidence prepared by his son.
29 April News Update to Legal Aid Agency Guidance on the Remuneration of Expert Witnesses The Legal Aid Agency ('LAA') have updated their Guidance on the Remuneration of Expert Witnesses.
9 April Podcast Podcast Episode 11: AI and the Expert Witness 06. Rules and Regulations, 11. Report Writing, 17. Maintaining your professional edge, Artificial Intelligence, 10. Records Assessments and Site Visits In the 11th episode of the Expert Matters Podcast, we take a look at how AI is being used by Expert Witnesses. We discuss general developments related to AI in the legal sector, hear from EWI member and computer expert Richard Marshall, listen to some of the ways AI is currently being used by Expert Witnesses, and discuss some dos and don'ts when using AI. As usual, we begin with our segment on 'What's going on at EWI?' and end with 'Newsreel', a quick fire discussion of the key things you need to know this month.
9 April News EWI publishes new Guidance on Expert Discussions and Joint Statements 06. Rules and Regulations, 13. Experts Discussions and Joint Statements We have just refreshed our guidance on ‘Expert Discussions and Joint Statements' in the EWI Knowledge Hub (https://www.ewi.org.uk/Knowledge-Hub). Prepared with the input of members and the EWI Editorial Committee, the guidance includes lots of invaluable advice for navigating each of the key stages in expert discussions and joint statements, form and content, joint statement templates, and how to avoid the common pitfalls.
8 April Case Updates Nothing short of a demolition of the expert's evidence Paediatrics, 11. Report Writing, 14. Changing your opinion, 13. Experts Discussions and Joint Statements, 15. Giving Oral Evidence, 16. Criticism and Complaints, Radiology The expert paediatrician in this case misidentified and confused twins when reading the primary medical disclose. This fundamental error was of seminal importance in this case because the twins had very different birth and post-birth experiences, with one being much weaker and more vulnerable than the other. The judge noted that the cross-examination of the expert was nothing short of a demolition of the expert’s evidence. LB Croydon v D (critical scrutiny of the paedeatric overview)