header-logo header-logo

27 October 2023 / Dr Chris Pamplin
Issue: 8046 / Categories: Features , Profession , Expert Witness
printer mail-detail

Expert witness: When the expert is unregulated

144117
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

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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.

back-to-top-scroll