Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re A, B and C (Children) [2021] EWCA Civ 451
(Court of Appeal, Civil Division, Macur, Baker, Arnold LJJ, 01 April 2021)Public Law Children – Fact finding – Lucas Direction – Sexual abuse allegations – Judge found...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
HMCTS launches updated online court and tribunal finder
HM Courts and Tribunals Service (HMCTS) has launched an updated version of its online court and tribunal finder tool to help those in search of a court, its location, opening times, disabled access...
NFJO publishes report on supervision orders in care proceedings
The Nuffield Family Justice Observatory (NFJO) has published a report following its survey into the use of supervision orders in care proceedings. The survey focused on...
Villiers - the Anglo/Scottish perspective
Heard by the Supreme Court in December 2019, with its judgment last July, this case attracted much interest (or “lurid publicity” as per Mr Justice Mostyn in his judgement this week) as it...
View all articles
Authors

New proposals on minimum standards for expert witnesses

Sep 29, 2018, 21:06 PM
Slug : New-proposals-on-minimum-standards-for-expert-witnesses-170513-963
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : May 17, 2013, 11:40 AM
Article ID : 102551

MoJThe Ministry of Justice and the Family Justice Council have put forward new proposals for minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales.

The proposals are contained in a new consultation published yesterday in response to a recommendation made by the Family Justice Review that standards should be developed for expert witnesses in the family courts.

The consultation follows an amendment to the Family Procedure Rules in January which changed the test for admitting expert evidence from ‘reasonable' to ‘necessary'. The change has already had an effect in practice. In April when Ryder J held in the case of J (JG) v Legal Services Commission [2013] EWHC 804 (Admin) that a psychologist assessment should not be wholly paid by the publicly funded child and the parents would have to contribute to the cost of an expert's report.  

The Ministry of Justice now proposes that, in publicly funded family proceedings relating to children, solicitors may only instruct experts who meet the relevant standards. In both publicly and privately funded cases, the expectation is that parties will provide sufficient information to satisfy the court not only that an expert is needed, but also that the proposed expert meets the standards. The standards have been drawn up by the Family Justice Council, with input from the Ministry of Justice and the Welsh Government.

In the consultation's forward, Sir James Munby, President of the Family Division comments: "There are many types of case in family proceedings which benefit from high quality expert evidence. In some cases, those involving allegations of non-accidental injury for example, expert evidence is essential in order to reach a just determination. However, sometimes the parties seek to submit evidence which is of little value in helping the judge to reach the decisions which need to be made in the case. This has become something of a trend in recent years and, as the Family Justice Review highlighted, has been a major cause of delay in public law proceedings."

Subject to the outcome of consultation, the MoJ expect that the standards would come into effect later in 2013.  The consultation ends on 18 July 2013.

Categories :
  • News
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from