header-logo header-logo

27 February 2026 / Dr Chris Pamplin
Issue: 8151 / Categories: Features , Profession , Expert Witness , Family
printer mail-detail

Experts in the dock

243388
With no automatic right to call experts in family proceedings, Dr Chris Pamplin considers how courts balance proportionality, fairness & delay
  • Under Pt 25 of the Family Procedure Rules, expert attendance at a final hearing must be shown to be necessary in the interests of justice, with written questions the default method of challenge.
  • Recent case law confirms that the test is not exceptionality or the gravity of the case, but whether oral evidence is required to ensure overall fairness.
  • The drive to reduce delay and control expert evidence creates ongoing tension between procedural efficiency and a party’s ability to properly test critical expert opinion.

In the Family Court, there is no automatic right for parties to hear oral evidence or cross-examine the experts. In the first instance, the appropriate way to interrogate written expert evidence is in writing under rule 25.10 of the Family Procedure Rules (FPR). With the court’s permission, and where consistent with the overriding objective in Pt 1 of the FPR, written questions might extend beyond clarification of the expert report. The court might

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll