Working with Expert Witnesses in Serious Injury Working with Expert Witnesses in Serious Injury

Working with Expert Witnesses in Serious Injury

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...
New Forensic Science Regulator guidance for declaring compliance with the code of practice New Forensic Science Regulator guidance for declaring compliance with the code of practice

New Forensic Science Regulator guidance for declaring compliance with the code of practice

The guidance sets out the text that you should use in your declarations for work undertaken in England and Wales for the English and Welsh Criminal...
Staged fee payments and EWI's Template Letter of Engagement Staged fee payments and EWI's Template Letter of Engagement

Staged fee payments and EWI's Template Letter of Engagement

We have been receiving queries from Members as to how they can implement staged fee payments from instructing parties, rather than simply invoicing...
Presbar Diecastings Limited v GW Atkins & Sons Limited & Anor Neutral Citation... Presbar Diecastings Limited v GW Atkins & Sons Limited & Anor Neutral Citation...

Presbar Diecastings Limited v GW Atkins & Sons Limited & Anor Neutral Citation...

The claimant was suing for the unpaid balance of the purchase price of assets used in its high-pressure aluminium diecasting business. The...
Podcast Episode 23: Experts in the Courts Podcast Episode 23: Experts in the Courts

Podcast Episode 23: Experts in the Courts

In March's episode of the Expert Matters Podcast, we discuss some recent examples of experts in the courts, drawing out the key learning points...
What were the effects of repeated sexual abuse at the hands of a schoolteacher? What were the effects of repeated sexual abuse at the hands of a schoolteacher?

What were the effects of repeated sexual abuse at the hands of a schoolteacher?

This case illustrates a number of difficulties for the adult victims of childhood sexual abuse. Diagnoses of psychiatric disorder in childhood have to...
An expert report that is almost worse than useless An expert report that is almost worse than useless

An expert report that is almost worse than useless

The claimant was involved in a minor road traffic accident while she was the passenger in a car driven by her partner, who was the defendant’s...
Podcast Episode 22: Feedback and Criticism Podcast Episode 22: Feedback and Criticism

Podcast Episode 22: Feedback and Criticism

In February's episode of the Expert Matters Podcast, we take a look at feedback and criticism. We go over the rules, discuss the key recent case...
A Day in the Life of a Clinical Psychologist Expert Witness A Day in the Life of a Clinical Psychologist Expert Witness

A Day in the Life of a Clinical Psychologist Expert Witness

Dr Jane Duff is a Consultant Clinical Psychologist, Head of the National Spinal Injuries Centre Psychology Service, and an Expert Witness. Here, she...
A Day in the Life of a Veterinary Expert Witness A Day in the Life of a Veterinary Expert Witness

A Day in the Life of a Veterinary Expert Witness

Veterinary surgeon, Jeremy Stattersfield, has been guiding courts on veterinary medicine since 1981. He told us how he got into the Expert Witness...
Podcast Episode 21: Responding to Written Questions Podcast Episode 21: Responding to Written Questions

Podcast Episode 21: Responding to Written Questions

In January's episode of the Expert Matters Podcast, we discuss responding to written questions. We look at the rules and regulations, discuss a...
A Day in the Life of an Orthopaedic Spinal Expert Witness A Day in the Life of an Orthopaedic Spinal Expert Witness

A Day in the Life of an Orthopaedic Spinal Expert Witness

Mr Niall Craig is a Consultant Orthopaedic Spinal Surgeon and Expert Witness specialising in complex spinal cases. He tells us about his professional...

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.

Family Procedure Rules Consultation concerning the instruction of unregulated experts in family law children proceedings
Sean Mosby 2275

Family Procedure Rules Consultation concerning the instruction of unregulated experts in family law children proceedings

bySean Mosby

 

Background

In recent years a range of stakeholders have raised concerns regarding unregulated experts providing evidence in family law court cases and the standard of the evidence they provide. These experts often use the title of psychologist and may be instructed to give evidence or offer diagnoses which they are not qualified to undertake. In the case of Re C, the President of the Family Division highlighted the “need for due rigour” in the process of expert instruction and that regulation of the title psychologist was a “matter for parliament”. You can read our case update on Re C here.

Officials have decided that the most appropriate route to pursue these changes was via the Family Procedure Rules ('FPR').

Consultation on new FPR 25.5A

Condsequently, the Family Procedure Rule Committee is consulting on new FPR 25.5A concerning the instruction of unregulated experts. The consultation also includes amendments to FPR 25.2 and Practice Directions ('PDs') 25B and 25C.  The aim of new FPR 25.5A is to require any expert instructed in family law children proceedings to be regulated. A key purpose of the changes is to ensure that any expert instructed in family law children proceedings has the appropriate skills and qualifications on which to base their expert evidence. 

The proposed definition of 'regulated expert'

The proposed definition of a regulated expert is set out in the amendments to FPR 25.2 as:

  • ‘regulated expert’ means an expert who is:

(a) regulated by a UK statutory body; or

(b) on a register accredited by the Professional Standards Authority for Health and Social Care; or

(c) regulated by an approved regulator under the Legal Services Act 2007.

This requirement would not apply to international social workers and the court would be able to give permission to any expert where there is no regulated expert available.

Consultation responses

The Committee has set out three consultation questions:

1. Are there any experts not accounted for in the current draft of the amendments who you feel should be considered? If yes, why do you think they should be considered?

2. Do you have any feedback on Rule 25.5A and the amendments to PD’s relating to the standards of experts, as currently drafted?

3. Are there any other comments you would wish to make regarding the instruction of unregulated experts?

The consultation is available here with responses due by 6 June 2025 at FPRCSecretariat@Justice.gov.uk. The EWI will be making a response to the Committee and would welcome the input of members at policy@ewi.org.uk. 

Share

Print
Comments are only visible to subscribers.