Leaflet

Providing witness statements or giving expert evidence in legal proceedings: other advice, support and training

This is an illustrative list of resources, relevant legislation, court rules and directions. It is not intended as an alternative to obtaining specialist advice, training or other support.

Resources

• British Medical Association: Doctors working as expert witnesses. BMA, 2022.  Accessed October 2023.  
• Academy of Medical Royal Colleges: Acting as an Expert or Professional Witness. AoMRC, 2019.  Accessed October 2023.   
• Royal College of Surgeons, England: The surgeon as an expert witness. RCS, 2019. Accessed October 2023.   
• Royal College of Paediatrics and Child Health and Family Justice Council: Paediatricians as expert witnesses in the family courts in England and Wales. RCPCH, 2018. Accessed October 2023.   
• Royal College of Psychiatrists: Expert Witness Matters. RC Psych monthly newsletter. Accessed October 2023. 
• Royal College of Psychiatrists: Multi-source assessment of expert practice. RC Psych online tool. For experts in all specialisms to collect feedback for appraisal and revalidation. Accessed October 2023.
• Faculty of Forensic and Legal Medicine: Quality standards in forensic medicine. FFLM, 2019-2022.  Accessed October 2023.  
• NHS Resolution: Inquests a guide for health providers. Accompanied by videos on How to prepare for an inquest and Giving evidence at inquests. NHSR 2020.  Accessed October 2023.  
• NHS Resolution: Guidance note 3. Being a witness in a non-clinical negligence claim. NHSR 2018. Accessed October 2023.  
• NHS Resolution: being a witness in a clinical negligence claim, NHSR 2018. Accessed October 2023.  
• NHS Getting it Right First Time: Learning from litigation claims. GIRFT/NHSR, 2021. Accessed October 2023. 
• NHS England: providing healthcare records to courts, statutory inquiries, non-statutory inquiries and  investigations and reviews into the safety or quality of services at a specific hospital or in relation to a type of service delivered nationally. NHSE. Accessed October 2023.   
• Expert Witness Institute: Rules and regulations governing expert evidence. EWI knowledge hub. Accessed Oct 2023.  Accessed October 2023.  
• Expert Witness Institute: Core competencies for expert witnesses. EWI online. Accessed October 2023.    
• Academy of Experts: Guidance, training, other resources. TAE knowledge hub. Accessed October 2023.  

Legislation, court rules and practice directions

England and Wales

• Civil Evidence Act 1995
• Civil Courts – Civil Procedure Rules, Part 35, PD 35, CJC Guidance for the Instruction of Experts in Civil Cases Guidance for the instruction of experts in civil claims (judiciary.uk) (2014 as amended).
• Criminal Justice Act 2003
• Criminal Courts – Criminal Procedure Rules, Part 19, PD 7 and in prosecution cases Crown Prosecution Service Expert Evidence.
• Family Courts – Family Procedure Rules Part 25, PD 25 A – G including at PD 25B Annex 1 the Standards for Expert Witnesses in Children Proceedings in the Family Courts; the President’s Memorandum: Experts in the Family Court; and the British Psychological Society and Family Justice Council’s Guidance on the use of Psychologists as Expert Witnesses in the Family Courts in England and Wales.

Scotland

• The Law Society of Scotland: ‘Expert witness code of practice’.
• The Scottish Children’s Reporter Administration. Guide for Expert or Skilled Witnesses. SCRA, 2017. New leaflet for expert witnesses - SCRA.

Northern Ireland

• Criminal Justice (Evidence) (Northern Ireland) Order 2004. 
• Rules of the Magistrates’ Courts, County Court, Family Proceedings, Crown Court, and the Court of Judicature were all updated in 2021. They can be accessed via Northern Ireland's Department of Justice website.
• Clinical Negligence Practice Direction from the High Court of Northern Ireland: Practice Direction No.2 of 2021.