Forensic Science Regulator Code of Practice 2025 (Version 2) Forensic Science Regulator Code of Practice 2025 (Version 2)

Forensic Science Regulator Code of Practice 2025 (Version 2)

Version 2 of the Forensic Science Regulator ('FSR') Code of Practice has completed its passage through both Houses of Parliament and will...
Disability and exclusion from school Disability and exclusion from school

Disability and exclusion from school

There was no dispute about the expert evidence in this case but it is of interest for several reasons. First, it sets out in some detail the evidence...
Philipa Hodgson v Dr Daniel Hammond & Anor [2025] EWHC 1261 (KB) Philipa Hodgson v Dr Daniel Hammond & Anor [2025] EWHC 1261 (KB)

Philipa Hodgson v Dr Daniel Hammond & Anor [2025] EWHC 1261 (KB)

The claimant brought a clinical negligence claim against two general practitioners alleging that they failed to act on a potential diagnosis of pelvic...
Rough or inappropriate handling of an infant Rough or inappropriate handling of an infant

Rough or inappropriate handling of an infant

As in many family cases, the issue here was the cause of the child’s injuries. It includes a distinction to be made between handling in...
Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning... Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning...

Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning...

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in...
Access to public domain documents pilot Access to public domain documents pilot

Access to public domain documents pilot

The Civil Procedure Rule Committee has approved in principle a 2-year pilot on “access to public domain documents” in the Commercial...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert 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...
Podcast Episode 11: AI and the Expert Witness Podcast Episode 11: AI and the Expert Witness

Podcast Episode 11: AI and the Expert Witness

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...
A Day in the Life of an Aerial Imagery Expert A Day in the Life of an Aerial Imagery Expert

A Day in the Life of an Aerial Imagery Expert

Chris Cox is a professional heritage consultant, specialist interpreter of aerial imagery and Lidar data, and an Expert Witness. She is the...
Podcast Episode 10: Equal Representation for Expert Witnesses Podcast Episode 10: Equal Representation for Expert Witnesses

Podcast Episode 10: Equal Representation for Expert Witnesses

In Episode 10 of the Expert Matters Podcast we celebrate International Women's Day. Women are appointed or testify in only 9% of disputes...
A Day in the Life of an Accountancy Expert Witness A Day in the Life of an Accountancy Expert Witness

A Day in the Life of an Accountancy Expert Witness

Heather Rogers is an accountant, tax practitioner and Expert Witness. Most of her cases involve director disputes or professional negligence where...

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.

Fraud case collapse due to lack of disclosure and conflicted Experts
Simon Berney-Edwards 4049

Fraud case collapse due to lack of disclosure and conflicted Experts

bySimon Berney-Edwards

A £3 million diamond fraud trial has collapsed at Southwark Crown Court today after Crown Prosecution Service failings in the disclosure of evidence and their Expert Witnesses found to have conflicts of interest.

 

Prosecutors claimed around 200 victims, many of whom were elderly, were conned after being convinced to buy coloured stones at a 600% mark up.

 

But the case collapsed on Friday 15th October when it was found that the Crown Prosecution Service had failed to disclose evidence to the defence.

 

EWI members will also be interested to learn that it was also highlighted that the prosecution's Expert Witnesses had also been found to have a conflict of interest and therefore it had been agreed that they would not be called to give evidence.

 

The Metropolitan Police instructed expert witnesses employed by Dreweatts auctioneers and valuers, a company which had a contract with the force to auction jewellery and watches seized in raids and prosecutions.

 

Narita Bahra QC who was representing one of the defendents said “At the time of instruction the company was awaiting the outcome of their tender for the contract to be renewed. “The prosecution initially did not disclose the offer of a conditional fee agreement by the experts to the police who were paying their fees. Those experts had already given evidence in another trial, in the middle of their contract with the Metropolitan police where their relationship with the police was not disclosed.”

 

David Durose QC who was representing the prosectution said he would not call the experts from Dreweatts, who were instructed to give expert evidence about how much the diamonds were worth.

 

He said the CPS accepted “that the experts were not instructed in a way consistent with the criminal procedure rules”, adding: “The timing of the instruction was unfortunate given the ongoing tender process."

 

“While we do not consider the two witnesses are at fault or unreliable it would be disproportionate to delay the trial to litigate these matters.”

 

Narita Bahra QC compared the case to a multimillion-pound carbon credit and diamond fraud trial which collapsed when the expert witness Andrew Ager was found to be unqualified, calling into question more than 20 other trials he was involved in.

 

Simon Berney-Edwards, Chief Executive Officer of the Expert Witness Institute, said

 

"The Expert Witness Institute promotes the importance of impartial, independent expertise to support the proper administration of justice. Our members sign up for a code of conduct which embodies this.

 

Is it not time that the Judiciary consider the importance of the proper regulation of Expert Witnesses and seek to ensure that anyone giving evidence in cases have the relevant training and sign up to a code of conduct such as ours? There have been countless cases over the last few months of people putting themselves forward as Experts who clearly do not understand the role and duties of an Expert Witness. In this case, the CPS conceeded that they shouldn't have put the Experts forward. But the Experts should have declined the instruction in the first instance given the conflict of interest. 

 

How much public money will need to be wasted before the regulation of Experts is considered?"

 

 

If you are an Expert and have concerns about Conflicts of Interest - why not check out our recorded webinar which is availble to purchase in our web shop

Share

Print
Comments are only visible to subscribers.