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
