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30 June 2016 / Dr Chris Pamplin
Issue: 7705 / Categories: Features , Expert Witness
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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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