Expert Matters - The Podcast

Simon and Sean discuss the importance of Expert Witness training in the context of Gareth Jenkins' evidence at the Post Office Horizon IT Inquiry and some recent judgments. 

The medico-legal expert in this personal injury claim was urged by the judge to seek further training after he made all of the three most common compliance errors which the EWI sees in expert reports.

Hamed v. Ministry of Justice (County Court in Cambridge – 7th June 2024)

After considering the report from the Single Joint Expert, the Wife in financial remedy proceedings attempted unsuccessfully to make a Daniels v Walker application to adduce evidence from her solely instructed expert. The judge set out the law on Daniels v Walker before applying it to the specifics of the case. 

Gareth Jenkins gave evidence to the Post Office Horizon IT Inquiry from 25 to 28 June on the expert evidence he provided on the Horizon IT system. Mr Jenkins told the Inquiry that he had been unaware of his duties as an Expert Witness and had not been offered any training to support his role. The EWI offers comprehensive training on the core competencies of an Expert Witness. We urge policy and rule makers, and the judiciary, to consider how to ensure that Expert Witnesses fully understand their duties and know how to apply them.  

The pilot project seeks to use a range of highly expert consultants from a range of specialties undertake assessments of children, discuss findings with one another, and write a formal report for the Family Court.

An expert report did not address all of the questions posed in the letter of instruction, reformulated other questions, and failed to comply with FPR Part 25 in a number of important ways, while the expert witness's oral evidence failed to provide an impartial expert view. 

The Post Office Horizon IT Inquiry is currently holding the public hearings for its phases 5 and 6, which will include scrutiny of the expert evidence relied on by the Post Office. We are proud that two members of EWI provided excellent, independent expert evidence or expert advice on the Horizon case. Their roles in the case demonstrate how important it is for Expert Witnesses to understand and apply the core competencies of the profession. 

Welcome to Expert Matters, the official podcast of the Expert Witness Institute. Each month, we'll be taking an informed look at the key developments in the world of expert witnesses and expert evidence.

An expert opinion must be supported by reasoning and correctly apply the relevant legal tests. 

The report of the psychiatrist expert witness strayed outside his expertise. It did not show any clear independent knowledge, demonstrate that that he was a country expert, or provide supporting source material.