- The judgment in M v F and another has underscored the importance of an expert witness being well-versed in the rules and guidance governing the presentation of expert evidence.
The 2022 family law case of M v F and another [2022] EWFC 186 has recently been published as a delayed judgment due to a subsequent hearing on expert anonymity. Although a family law matter, the principles dealt with apply to other areas of law.
There are two skill sets required of an expert: first, having the qualifications and experience relevant to the issues of a particular matter; but second, the skills needed to be an expert witness, including how to construct a court complaint report, a knowledge of the court rules, guidance, and protocols and how to give effective oral evidence. Instructing solicitors need to ensure an expert has these essential skills.
Recorder Reed’s judgment is a must-read for all expert witnesses and solicitors.
