Extradition and suicide risk Extradition and suicide risk

Extradition and suicide risk

This case is important for two reasons. It illustrates that having “no control over actions” and “not making a rational...
Transparency and Open Justice Board Key Objectives Transparency and Open Justice Board Key Objectives

Transparency and Open Justice Board Key Objectives

The Transparency and Open Justice Board has published its final Key Objectives and its response to its Public Engagement on the proposed Key...
A fundamentally flawed report A fundamentally flawed report

A fundamentally flawed report

The parties unanimously agreed that the report of a Court appointed expert was fundamentally flawed, could not be relied upon, and a new psychologist...
Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and... Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and...

Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and...

The Civil Procedure Rule Committee ('Committee') is consulting on proposed amendments to the Civil Procedure Rules Part 77 and the Practice...
Expert evidence and the materiality of a risk Expert evidence and the materiality of a risk

Expert evidence and the materiality of a risk

Although this is an orthopaedic case and in which given its preliminary nature the expert evidence was not tested, it is helpful for experts in...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...

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.

T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384
Sean Mosby 1061

T (Fresh Evidence on Appeal), Re [2024] EWCA Civ 1384

bySean Mosby

 

Summary

The father sought permission to rely on fresh evidence that he had a diagnosis of autism spectrum disorder in an appeal against care and placement orders made in respect of his daughter. The judge reviewed the law on admitting fresh evidence on appeal before applying it to the case.

Learning points

Learning points for experts:

  • Ensure that you fully understand and comply with the procedural rules, practice directions and guidance relevant to the case you are acting in.

  • Do not assume your instructing party will pick up any compliance errors you make. This is especially the case if you are acting for a litigant in person.

  • If you are instructed to provide fresh evidence on appeal, be aware that your evidence will need to meet criteria 2 and 3 set out in Ladd v Marshall.

  • Be aware that the Family Procedure Rules Committee is currently considering an amendment regulating experts appointed by the court in both public and private law children proceedings.

Learning points for instructing parties:

  • The court will adopt a more flexible approach when considering applications to admit fresh evidence on appeals in children’s cases.

  • Under CPR, the rules in Ladd v Marshall remain criteria which “effectively occupy the whole field of relevant considerations to which the court must have regard”.

  • Explain clearly in your application why the fresh evidence would meet the criteria in Ladd v Marshall.

  • Carefully consider the nature of the evidence before requesting permission to rely on psychological evidence from a practitioner who is not a psychiatrist nor a psychologist.

  • Be aware that the Family Procedure Rules Committee is currently considering an amendment regulating experts appointed by the court in both public and private law children proceedings.

Specific learning points for litigants in person:

  • It is important to obtain the permission of the court to rely on the expert evidence before obtaining the evidence, undergoing an assessment, etc.

  • It is important to understand and comply with the applicable procedural rules, practice directions and guidance.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.