header-logo header-logo

30 June 2016 / Dr Chris Pamplin
Issue: 7705 / Categories: Features , Expert Witness
printer mail-detail

The anonymous expert

Should expert witnesses always be named, asks Chris Pamplin

The tenets of open justice dictate that witnesses in court should give their evidence in the full glare of judicial and public scrutiny. In normal circumstances, this includes the naming and identifying of individual witnesses, and the risk of media attention in high-profile cases. There are, of course, some circumstances in which such publicity is undesirable. In such cases, the court has the power to make anonymity orders in respect of parties or witnesses, or else impose reporting restrictions on proceedings.

While the court will necessarily be circumspect in making such orders, they are by no means uncommon, eg cases involving the identity of minors, or security service personnel.

Against this, the court must balance the need for openness and transparency, freedom of speech and freedom of the press, as well as the requirements of the Human Rights Act 1998 (HRA 1998).

Experts as a class of witnesses would appear to present the court with a particular difficulty given the nature of the expert’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll