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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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NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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