News

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2023, a year where Expert Witnesses have continued to come under increasing scrutiny.

We invited The Honourable Mr Justice Williams, High Court judge and chair of The Family Justice Council Subcommittee on Experts, to share his views on criticism.

Remember the duties of the expert as set out in CPR Pt 35 and Practice Direction 35. Don't stray into giving evidence on matters falling outside your expertise.

“What is the purpose of the joint statement?”

The case of CCC v Sheffield Teaching Hospitals NHS Foundation Trust makes essential reading for Expert Witnesses.

Benjamin Scarcliffe v Brampton Valley Group Ltd [2023] EWHC 1565(KB) provides important direction and lessons to be learned for Expert Witnesses

The judgement in a recent case highlights issues not only relating to the behaviour of an expert but also in regard to considerations the instructing parties must make, namely: to ensure that the expert is an appropriate expert, to instruct them properly and to ensure that the report answers the questions posed and is compliant with the rules and practice directions.

Recent case demonstrates how your credibility can be affected before you have even stepped into the court room.

Sir Martin Spencer, told us more about the case and explains why experts shouldn’t be afraid to change tack.

While there might be grounds for cross-examination of the expert in question, this did not justify excluding the evidence on the basis of issues that were for the trial judge.