Preliminary (pre-report) experts’ meetings Preliminary (pre-report) experts’ meetings

Preliminary (pre-report) experts’ meetings

Experts, in particular medical experts, are likely to be familiar with experts’ discussions that take place after the exchange of reports. This...
A Day in the Life of a Medicolegal Expert Witness A Day in the Life of a Medicolegal Expert Witness

A Day in the Life of a Medicolegal Expert Witness

Sue Lightman is a Professor of Ophthalmology and Consultant Ophthalmologist who has been undertaking medicolegal Expert Witness work for over 20...
Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531

This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an...
Thomas Murray Joins EWI as a Corporate Partner Thomas Murray Joins EWI as a Corporate Partner

Thomas Murray Joins EWI as a Corporate Partner

We are pleased to welcome a new Corporate Partner
Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat) Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

Pfizer Inc v Uniqure Biopharma BV [2024] EWHC 2672 (Pat)

The judge in this patent case found that the claimants’ gene therapy expert had developed, quite possibly guided by lawyers, the understanding...
Celebrating Success at the Sir Michael Davies Lecture Celebrating Success at the Sir Michael Davies Lecture

Celebrating Success at the Sir Michael Davies Lecture

Successful Certification candidates receive their certificate from Lord Hodge.
Independence, bias and conflicts of interest Independence, bias and conflicts of interest

Independence, bias and conflicts of interest

Hon Mr Justice Trower provides invaluable guidance for Expert Witnesses at the 2024 the Sir Michael Davies lecture.
Podcast Episode 5: Range of Opinion Podcast Episode 5: Range of Opinion

Podcast Episode 5: Range of Opinion

Range of Opinion is the focus of the 5th episode of the Expert Matters Podcast. We catch up with Colin Holburn, Chair of the EWI Membership Committee,...
A Day in the Life of a Water Quality Expert A Day in the Life of a Water Quality Expert

A Day in the Life of a Water Quality Expert

Tim White is a chartered chemist who uses his expertise to assess chemical risk from exposure to water. He has been an Expert Witness for over 40...
Podcast Episode 4: Expert Fees Podcast Episode 4: Expert Fees

Podcast Episode 4: Expert Fees

Simon and Sean discuss expert fees and catch up with Dominic Woodhouse from Partners in Costs to talk about cost management and budgeting in civil...
A Day in the Life of a Fitted Kitchen and Bathroom Expert A Day in the Life of a Fitted Kitchen and Bathroom Expert

A Day in the Life of a Fitted Kitchen and Bathroom Expert

Jerry Ponder uses his 40+ years of experience in fitted interiors to provide expert evidence on the design, product quality, installation and project...
Podcast Episode 3: Single Joint Expert Podcast Episode 3: Single Joint Expert

Podcast Episode 3: Single Joint Expert

Simon and Sean discuss Single Joint Experts and catch up with two EWI members who act as Single Joint Experts to hear about their experiences, the...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Criminal Procedure Rules: new criminal practice directions
Wiebke Morgan 1457

Criminal Procedure Rules: new criminal practice directions

byWiebke Morgan

On 29 May 2023 new criminal practice directions came into force. They are now organised as a set of chapters. Chapter 7 deals with Expert Evidence. There are several changes to note. 

Prof Keith Rix, Certified Fellow of the EWI  highlights and comments on these:

"First, 7.1.1 (previously 19A.1) has had a new item added to it:

 

7.1.1     Expert opinion evidence is admissible in criminal proceedings if, in summary:
                …
(d)          the expert opinion is sufficiently reliable to be admitted.

So there should be a ‘methodology’ section in your report where you provide sufficient information about the methodology you have adopted for the court to assess the reliability of your opinion 

Second, in relation to the requirement that a party wishing to introduce expert evidence should give notice of anything of which that party is aware which might reasonably be thought capable of undermining the reliability of the expert’s opinion or detracting from their credibility or impartiality, one of the examples has been made more explicit. 19A.7 (c) which is now 7.1.4(c) has been expanded from ‘adverse judicial comment’ to:

 

                adverse judicial comment regarding a particular expert or corporation or other body for whom the expert works whether by a first instance tribunal or on appeal

 

Third, whereas previously the parties were asked to consider holding an experts’ meeting, and they were not compulsory unless ordered by the court, paragraph 7.3.1 (previously 19C.1) states:

                The court must give a direction for a pre-hearing discussion between experts in every case unless unnecessary.

 

This means that experts’ meetings in the criminal jurisdiction are likely to become as common as in the civil and family jurisdictions.

 

Fourth, there is a change to the ‘Expert’s Declaration’ that affects experts instructed by the prosecution. The extra declaration required of experts instructed by the prosecution should now refer to the current CPS Guidance for Experts on Disclosure, Unused Material, and Case Management " 

Share

Print
Comments are only visible to subscribers.