During a hearing, the court will often deal with complex subjects which require specialist knowledge to understand. For example, the court may require specialist input on medical issues, psychology, or engineering. This is where using an expert witness in court can help.
What Is An Expert Witness?
An expert witness is an expert in a particular field who can provide an unbiased opinion on a particular technical issue.
What Does An Expert Witness Do?
The primary function of an expert witness in court is to provide an independent opinion on a technical issue within the expert’s area of expertise. In order to give an expert opinion, the expert witness will have to create an expert report which is shared with both parties to the dispute as well as the court.
The primary duty of the expert witness is to the court. They must provide an impartial opinion, even if the opinion may harm the case of either of the parties, including any party which has instructed the expert.
If an expert witness is found to have presented an opinion that is biased towards a particular party, their opinion would not be relied on by the court, and they might also face public criticism by the court in its written judgment.
The Types Of Expert Witness
There are two main types of expert witnesses that can be called upon to provide expert knowledge to the court. These are a Party Appointed Expert (PAE) and a Single Joint Expert (SJE).
Party Appointed Expert:
- Is appointed and instructed by one of the parties involved in the case.
- Will provide expert advice within their knowledge
- Submits an expert report to be shared with both sides and the court
- Primary duty is to the court and to provide accurate information
- Primary duty overrides any duty to the party that has instructed or offered payment to the witness
Single Joint Expert:
- Is appointed and instructed by both parties involved in the case
- Will provide expert advice within their knowledge
- Submits an expert report to be shared with both sides and the court
- Primary duty is to the court and to provide accurate information
- Primary duty overrides any duty to either party regardless of who has paid them.
Expert Witnesses In Family Court Proceedings
In Family Court child custody cases, the most common types of experts are child psychologists, social workers, and CAFCASS welfare officers, who give expert opinions on issues such as: a child’s wishes and feelings, a child’s welfare, and particular problems such where a child has become alienated from a parent (parental alienation). In Family Court, financial remedy cases (also known as divorce or matrimonial finance cases), the most common types of experts are: surveyors giving expert opinions on property valuation and expert forensic accountants giving opinions on money flows within individual or business bank accounts.
The use of experts in Family Court proceedings is governed by Part 25 of the Family Procedure Rules (https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_25)
Do you require assistance with a legal matter?
If you require legal assistance for a family law matter, then Demstone Chambers can help. We are a direct access barristers chambers based in Milton Keynes, offering our services mainly in the local area, Birmingham, and London. However, we can represent clients nationwide if necessary.
As a direct access barristers chambers, we can offer partial legal services to our clients. This means that if you are looking to represent yourself as a litigant in person, we can support you with some elements of the case such as drafting documents and representing you in court. This can help keep your legal costs down. We can also offer full legal services where we take on your case from start to finish. Find out more about our services and get in contact today for assistance.