Expert evidence and second opinions: process and pitfalls

Alex Brereton Mishcon de Reya LLP

The use of expert evidence is tightly regulated by the Judges in the Family Court. A party will only be permitted to adduce such evidence where it is ‘necessary’ to assist the court to resolve the proceedings. In proceedings relating to children (including claims under Schedule 1 of the Children Act 1989) experts are only usually instructed once the court has given its permission to do so. On the other hand  in financial remedy proceedings the permission stage is engaged when a party seeks to adduce the evidence from the expert into the proceedings (i.e. permission is not normally needed to obtain the evidence only to adduce it into the proceedings). Part 25 of the Family Procedure Rules 2010 and its associated Practice Directions provide detailed practical guidance as to applications to adduce expert evidence and how it is dealt with once permission has been granted. A ‘Daniels v Walker’ application may provide a party with an opportunity to challenge an expert's evidence by adducing the evidence of a second expert. Generally this is only permitted where there is a good reason and...