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21 July 2023 / Mark Solon
Issue: 8034 / Categories: Features , Profession , Expert Witness , Procedure & practice
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Expert witness: getting your ducks in a row

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Mark Solon stresses the importance of experts knowing & following the rules
  • 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

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