Pt.25 Applications Post Re.C - Expert Evidence & Psychologists
Explore the significance of expert evidence in Re.C cases, focusing on psychologist qualifications, application of expertise beyond alienation cases, and the need for uniform Pt.25 procedures. Discover insights from the legal judgments that shed light on the intricacies of instruction of experts.
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Part 25 Applications Post Re C Alexandra Gilmore www.pumpcourtchambers.com
Pt 25 Post Re C Part 25 Applications - Expert Evidence Re C ( Parental Alienation ; Instruction of Expert [2023] EWHC 345 (Fam). What was this case about? Why is this judgment important? Is it applicable for other cases, not just alienation cases? Recap on what we already know and what we should do when making an application under Pt 25. Where does this judgment takes us in reality and practically? Who can call themselves an expert psychologist? Do we need to do anything differently post Re C? What work still needs to be done to ensure that the Pt 25 procedure for instruction of experts is uniform yet not too restrictive to include the spectrum of experts available to each individual case? Summary of the key points that have emerged from Re C.
Pt 25 Post Re C Re C ( Parental Alienation ; Instruction of Expert [2023] EWHC 345 (Fam). What was this case about? Alienation, Dr A, Professor Wang and Association of Clinical Psychologists [ACP]. Was Dr A qualified? What did Professor Wang say? What did ACP say and do in this case? Why is this judgment important?
Pt 25 Post Re C Clarification on who is a psychologist; Protected Titles Clinical psychologist, Counselling Psychologist, Educational Psychologist, Forensic Psychologist, Health Psychologist, Occupational Psychologist, Sport and Exercise Psychologist, Registered Psychologist, Practitioner Psychologist and chartered psychologist (vetted by BPS) Child psychologist? Beware! Assessment tools? Was Ms A an expert? Is it applicable for other cases, not just alienation cases?
Pt 25 Post Re C Recap on what we already know and what we should do when making an application under Pt 25. FPR Part 25 PD25B and PF 25D for non children proceedings. S13 Children and Families Act 2014, FPR Part 25, FPR PD25B and PD 25C for children proceedings. (Incl. Schedule 1 of CA 1989). President of the Family Division s memorandum: Experts in Family Court (4 October 2021). Statement on the Efficient Conduct of Financial Remedy Hearings proceeding in the Financial Remedies Court below High Court Level (11 January 2022) The basic rule. FPR 25.2(2)/S13(5) for children proceedings. Necessary to assist the court in resolving the proceedings S13(6) Munby P in H-L (A Child) [2013] EWCA Civ 655 Four criteria that govern.. Kennedy v Cordia (Services) LLP (Scotland) [2016] UKSC 6
Pt 25 Post Re C What we need to do .. Timing of the application Preliminary Enquiries of experts, CV s, timescales, costs. Draft order (FPR part 18) LOI FPR PD 25D Written report and questions to expert. Rival experts Oral applications?
Pt 25 Post Re C Where does this judgment takes us in reality and practically? Who can call themselves an expert? The Family Justice Council guidance in 2022 correct approach Do we need to do anything differently post Re C? Clarity on expert CV s. If not clear, then they must set out a short explanation of their experience. Are they regulated? If not, caution! But not a bar to instruction. Unregulated = short judgment setting out reasons for instruction of unregulated expert. Ultimately is an expert an expert? One for the court to determine Rigour is required; yet discretion is still allowed.
Pt 25 Post Re C What work still needs to be done? The ACP guidance to the FJC? Use of tools and by whom. Parliament and BPS/ACP to ultimately determine who can call themselves psychologists awaited. Template for basic qualifications of psychologists. Traffic light indicator of expertise.
Pt 25 Post Re C Summary of the key points that have emerged from Re C. Law is not altered yet. FJC 2022 Guidance is still applicable with employing the correct approach. There is no definition of an expert beyond that of an expert means a person who provides expert evidence for use in proceedings . More scrutiny needed and the CV must convey information crisply and clearly . The CV must set out the qualifications and experience and whether they are HCPC (Health & Care Professionals Council) registered or not. Court must identify whether the proposed psychologist is regulated. If not short judgment is needed.
