Working with expert witnesses... is a new monthly article series. The series takes a look at the role of expert witnesses in a range of sectors from the perspective of the legal and other professionals who work with them. If you are interested in being featured in the series, you can contact us at policy@ewi.org.uk. 

The first article in the series is by Richard Black and Jennifer Fitzmaurice from Eversheds Sutherland on their experience of working with expert witnesses in the construction industry. 

The Civil Justice Council (‘CJC’) has published an Interim Report and Consultation on the Use of AI for preparing court documents. The focus of the consultation paper is whether court rules are required to regulate the use of AI by legal representatives. However, the consultation also examines whether the use of AI by experts should be subject to court rules, with specific proposals set out in Part 8 of the consultation document.

The Independent Review of the Criminal Courts, chaired by Sir Brian Leveson, has just published Part 2 of the Review with 135 recommendations, including some relating to expert evidence. The Review was commissioned by the government because of the backlogs that have developed in the criminal justice system. 

The Forensic Science Regulator has published new Guidance on Forensic Science Activities: Interpretation and Communication. The Guidance applies to all practitioners and sets out principles and expectations for interpretation and communications of observations from forensic science activities. 

We have just completed the regular review of our Standard Expert Terms and Conditions of Engagement. The purpose of the Terms and Conditions is to help you ensure that you have appropriate contractual arrangements in place with the parties that instruct you.

We have just published our new Guide on Responding to Written Questions. Informed by the knowledge and experience of the EWI Editorial and Training Committee, our comprehensive guide is useful for both new and experienced experts.

One of the key roles of the Expert Witness Institute (‘EWI’) is to ensure that policy, rule and regulatory changes are informed by the experience of our members, and the needs of the expert witness community and the wider justice system. In this update, we discuss key policy developments and our advocacy work over the last couple of months. 

EWI Chief Executive Officer, Simon Berney-Edwards, shares his thoughts on 2025, a year where Expert Witnesses have continued to come under increasing scrutiny.

In this article, Dr Kay Linnell OBE talks about the role of the expert witness, and the problems that can be encountered when Instructing Parties go too far to prevent any accusation of bias or undue influence on appointed party’s expert, risking the expert’s ability to fully assist the Tribunal. Dr Linnell's article was originally published in the autumn edition of Expert Matters, EWI's membership magazine.

The Competition Appeal Tribunal has published a Practice Direction on expert evidence. The Practice Direction sets out the principles applicable to expert evidence in the Tribunal, including general principles applicable to the evidence of any expert, as well as certain specific principles applicable to economic evidence.