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3PB's family law specialist, James Legg, alongside Alex Brereton from Mishcon de Reya LLP, writes for Family Law on how the use of expert evidence is tightly regulated by the Judges in the Family Court.
Expert evidence can only be used where it is ‘necessary’ to assist the court to resolve the proceedings. In proceedings relating to children (including claims under Schedule 1 of the Children Act 1989), experts are only usually instructed once the court has given its permission to do so. On the other hand, in financial remedy proceedings the permission stage is engaged when a party seeks to adduce the evidence from the expert into the proceedings (i.e. permission is not normally needed to obtain the evidence, only to adduce it into the proceedings).
Part 25 of the Family Procedure Rules 2010 and its associated Practice Directions provide detailed practical guidance as to applications to adduce expert evidence and how it is dealt with once permission has been granted. A ‘Daniels v Walker’ application may provide a party with an opportunity to challenge an expert's evidence by adducing the evidence of a second expert. Generally, this is only permitted where there is a good reason and, in all of the circumstances, it would be unjust not to allow the adducing party to rely on that evidence.
The full article has been published in the September issue of Family Law.
View Article...contact if you are planning on coming to a 3PB office or need to meet one of our barristers. Face-masks are mandatory in the common areas of chambers and in...
3PB pupil barrister Mariya Peykova has reviewed the rights during this Covid-19 pandemic for citizens to participate in a protest, the police arrest and stop-and search powers, the scale of fines and penalties and what people should be doing if you are arrested and taken to a police station.
View ArticleIf a contract for work and materials is performed badly, can there be a total failure of consideration? By what 'performance' is that question to be addressed? And can there also be a claim for damages? Christopher Edwards analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016] EWCA Civ 62, [2016] BLR 206, 164 ConLR 28
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...few rounds, so teams can discuss their answers privately just like they would in person, without the need to whisper! There will be prizes for members of the winning team...
3PB’s specialist regulatory and inquests barrister, Susan Jones (pictured here) has reviewed the recent decision in the case of Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC...
...ECHR Naomi Webber examines the Court of Appeal's decision in National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548, the latest in a number of...