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27 October 2023 / Dr Chris Pamplin
Issue: 8046 / Categories: Features , Profession , Expert Witness
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Expert witness: When the expert is unregulated

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Is the unregulated expert still an expert? Who decides? Chris Pamplin investigates
  • Covers two recent challenges to unregulated experts.
  • Explores recent cases of an unregulated family psychologist offering expertise on parental alienation, and an ‘app and payments’ expert in a competition dispute.
  • Highlights guidance given by the most senior family judge.

It is perfectly possible for a person to act as an expert witness even though they are not subject to the oversight of a professional regulating body. It is important, however, that the court is vigilant when deciding whether to admit such evidence.

Two unrelated cases before the courts have considered the nature and admissibility of expert evidence where the expert is unregulated or the area of expertise was not governed by recognised standards.

The psychologist

In the first of these, Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam), Sir Andrew McFarlane, President of the Family Division, offered guidance on the instruction of unregulated psychologists as experts in family proceedings. The

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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