header-logo header-logo

The anonymous expert

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll