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Using experts in legally aided cases
On this page:
- ACE pilot evaluation report published
- The expert’s role in the courts
- Resources on instructing experts
- Resources for expert witnesses
- Resources for legal advisers
- Disclaimer
ACE pilot evaluation report published
Cardiff Law School has completed its independent evaluation of the Alternative Commissioning of Experts (ACE) pilot.
The pilot was launched in April 2009 to test the effectiveness of directly commissioning jointly instructed teams made up of health expert witnesses with different areas of expertise in public law childcare proceedings. The pilot followed the proposals of the Chief Medical Officer in the report ‘Bearing Good Witness: Proposals for reforming the delivery of medical expert evidence in family law cases’.
The report’s findings are limited as they are based on a small number of cases. However the report does suggest that overall there is potential in the multi-disciplinary team approach to increase the quality of expert advice and to encourage health professionals to provide expert witness services.
The report recognises that there were aspects of the pilot that worked well, although it explains that the expected benefits were not fully realised. The report acknowledges that changes would be required across the family justice system if multi-disciplinary teams were to be used more widely.
The LSC is committed to feeding these findings into the work of the Family Justice Review and into wider Ministry of Justice work on experts.
The expert’s role in the courts
Expert evidence should be the independent product of an expert witness uninfluenced by the pressures of litigation. Experts assist the court by providing objective, unbiased opinion on matters within their expertise. The links on this page provide access to useful resources for expert witnesses, as well as legal advisers instructing expert witnesses.
Resources on instructing experts
We have provided guidance on funding attendance at court. We have also compiled a list of links which provide information on:
- court rules
- protocols
- and procedures
with which expert witnesses must comply with across several categories of law.
- Criminal Justice System for England and Wales
- Criminal Procedure Rules Part 33 - Expert evidence
- Amendments to Part 35 the Practice Direction and the Protocol effective 1st October 2009
- Civil Procedure Rules Part 35 - Experts and assessors
- Civil Procedure Rules Practice Direction 35 - Experts and assessors
- Civil Justice Council – Protocol for the instruction of experts (June 2005)
- CAFCASS Homepage
- Children and Adoption Act 2006
- HMCS: Public law outline and practice directions on use of experts in family proceedings relating to children (specific rules applied per category of court)
- Protocol for Judicial Case Management in Public Law Children Act Cases
- Practice Direction – experts in family proceedings relating to children
- Family Justice Council Experts Committee
- Family Procedure Rules (please note Family Procedure Rules have been amended since first introduced in 1991, the version linked to does not contain any updates)
- Ministry of Justice Family Relationship Breakdown website page
- Tribunal Service Mental Health – guidance for health professionals
Resources for expert witnesses
Guidance materials for expert witnesses have been provided by a range of organisations including the Crown Prosecution Service and the Expert Witness Institute.
- British Medical Association: Guidance for expert witnesses
- British Society of Paediatric Radiology
- Crown Prosecution Service guidance for expert witnesses
- Department of Health – Chief Medical Officer Update
- Department of Health – Bearing good witness report
- Electronic Immigration Network guide to writing immigration reports
- Expert Witness Institute
- Forensic Science Regulator
- General Medical Council guidelines on acting as an expert witness
- Her Majesty’s Court Service - courts with video-conferencing facilities
- Law Society of Scotland guide for expert witnesses
- Royal College of Ophthalmologists
- Royal College of Paediatrics and Child Health - Education and Courses - Court Skills in Child Protection
- Royal College of Psychiatrists education and training centre
- Royal College of Radiologists - Providing Expert Evidence to the Court: Guidance for Members and Fellows
- Skills for Justice - National Occupational Standards - Provide expert evidence to courts and hearings
Resources for legal advisers
A list of website pages providing rules, procedures, protocols and guidance materials for legal advisers instructing expert witnesses can be found below.
- Civil Procedure Rules
- Criminal Procedure Rules
- The President of the Family Division's Ancillary Relief Advisory Group: Best Practice Guide for Instructing a Single Joint Expert (please note site no longer updated and retained for archive purposes only)
- Family Procedure (Adoption) Rules (please note Family Procedure (Adoption) Rules have been amended since first introduced in 2007, version linked to here does not contain any updates)
- Law Society
- Legal Services Commission - Guidance in Volume 1 Part D of the LSC Manual on joint instructions of experts and apportionments generally
Disclaimer
We are not responsible for the content or reliability of linked websites. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work all the time and we have no control over the availability of linked pages.
Expert evidence should be the independent product of an expert witness uninfluenced by the pressures of litigation. Experts assist the court by providing objective, unbiased opinion on matters within their expertise. The links on this page provide access to useful resources for expert witnesses, as well as legal advisers instructing expert witnesses.
Last updated: 19 September 2011