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05 May 2023 / Sarah Keily
Issue: 8023 / Categories: Features , Family , Procedure & practice , Expert Witness
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Unregulated experts & the need for clarity

With the courts confirming there is no way to define an ‘expert’ in family proceedings, Sarah Keily stresses the need for caution until change is effected
  • It is ultimately the decision of the court in each case to determine if a person is an expert.
  • Practitioners should exercise caution if an unregulated expert is proposed.
  • HCPC registration is the ‘kitemark’ of qualification.
  • Parental alienation is not a syndrome—it is a process of alienating behaviours and fundamentally a question of fact.

The president of the Family Division, Sir Andrew McFarlane, recently gave judgment in the case of Re C (‘parental alienation’; instruction of expert) [2023] EWHC 345 (Fam), [2023] All ER (D) 69 (Feb). The judgment provides guidance to family law practitioners about the instruction of unregulated experts, in particular in cases where parental alienation is alleged.

Background

These long-running proceedings relate to the arrangements for two children, now aged 11 and 13, where contact with their father had broken down and the father alleged

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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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