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Alex Brereton discusses expert evidence and second opinions in Family Law Journal

Posted on 13 September 2022

Alex Brereton, Associate in Family, has co-written an article for this month's Family Law Journal with James Legg, Barrister at 3PB.

In the article, Alex and James discuss the use of expert evidence, which is tightly regulated by the Judges in the Family Court.

They say: "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). […] 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 for Family Law Journal is online now (subscription required).

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