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28 January 2022 / Dr Chris Pamplin
Issue: 7964 / Categories: Features , Profession , Expert Witness
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Expert witness: No right of reply?

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Dr Chris Pamplin looks at a recent ECtHR judgment that highlights the unfairness in judicial criticism of expert witnesses & offers a possible solution
  • Addressing the unfairness often seen with judicial criticism of experts.
  • The Hamid procedure.

One of the more serious sanctions an expert criticised by the court might face is a complaint being made to their professional body. Many will remember cases, such as that of Professor Roy Meadow and Dr Waney Squier (eg see ‘Confronting dogma’, 167 NLJ 7741, p19) where judicial criticism led to damaging proceedings before professional tribunals.

Unfairness of judicial criticism of experts

Given the often far-reaching effect of judicial criticism, it is, perhaps, surprising that experts subjected to it have little or no recourse to reply prior to a complaint being lodged. Their first opportunity to respond may come only once they face a duly constituted tribunal of their professional body. By that time, the damage may already have been done.

In the Upper Tribunal (Lands Chamber) decision in Gardiner

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