A Handbook for Expert Witnesses in Children Act Cases 2nd edition
Why should you buy A Handbook for Expert Witnesses in Children Act Cases Second edition
This edition of the handbook is fully updated, includes several new chapters, and explains the way in which the courts, hearing proceedings relating to children, approach expert evidence. It aims to dispel misunderstandings and to help doctors and other related professionals to achieve an awareness and understanding of the important legal developments which have recently taken place. Accordingly the book aims to encourage more suitably qualified experts to take on this very important work.
The Rt. Hon Lord Justice Wall brings together advice and comment on the respective roles of the expert and the judge, the general duties of expert witnesses, preparing reports and giving evidence in child proceedings, to produce an essential guide for expert witnesses, judges and legal practitioners.
Includes a CD-ROM containing the updated Expert Witness Pack, revised by: Dr Eileen Vizard, Consultant Child & Adolescent Psychiatrist, NSPCC and Penny Cooper, Barrister, Associate Dean, The City Law School and Inns of Court School of Law.
"this excellent book should be read by a range of professionals within the family justice system ... an essential contribution to the development of a coherent family justice system" Child Psychology & Psychiatry Review
"Thoughtful and erudite, Wall LJ brings together his many years' experience, gleaned from the family courts, to provide well thought out and practical guidance ... a thoroughly useful guide for experts in particular, but also for lawyers wishing to promote best practice" The In-House Lawyer
"an essential guide for expert witnesses, judges and legal practitioners" Publication Monitor
"experts will find this book very useful in so many ways" Association of Lawyers for Children
"I was very pleased to discover that a Second Edition (2007) had been published of this excellent book ... even if you have the earlier version, this is well worth looking at ... everything is distilled into easily digestible bite-sized chunks ... packed with practical and useful advice for the expert working in this arena ... this is an excellent book which I would recommend as essential reading for anyone working in this area ... a useful resource" The Academy of Experts
Table of contents
Meadow v General Medical Council (GMC)
Why am I doing this?
The Nature of Family Proceedings Relating to Children
Three Cardinal Principals Governing Family Proceedings
The Respective Roles of Experts and Judge: Why the Professional Integrity of Experts is so Important
The General Duties of Experts
What you can advise the judge about
Preliminary Enquiries of the Experts
The Nature of the Brief Given by the Court
The Letter of Instruction
Tour Enquiries: The General Rule and Some Pitfalls
Discussions between Experts Prior to Reports Being Written
Meetings of Experts Prior to Reports Being Written
Meetings of Experts Directed by the Court
Pre-hearing Conferences with Counsel and/or with the Solicitor who has Commissioned the Expert Report
Where there are both Criminal and Care Proceedings under the Children Act 1989
Writing the Report
Changing your Opinion
Preparing for Court
Witness Summonses (formerly known as Subpoenas)
What Happens at and in the Court: Introduction
At Court: Who can you talk to?
Feedback and Complaints
Payment of Experts' Fee and Charges
The Public Law Protocol: Appendix C
The Family Justice Council
The Relevance of the Human Rights Act 1998 (HRA1998) and the European Convention on Human Rights (ECHR)
Which Expert? Psychiatrist or Psychologist?
Reliance on Psychometric Testing
Anonymous or Partial Instructions
The Dangers Being the Single Expert
What if you are the Treating Clinician?
Difficult Medical Issues in Which the Court has Become Involves
Will you be Named? Anonymity in Proceedings Relating to Children
The British and Irish Legal Information Institute (BAILII)
Suggested Further Reading
The Family Justice Council
Care Centres and their Designated Family JudgesHer Majesty's Courts Service Estate by Region and Area and the Family Division Liaison Judges
A Note on Judicial Titles and Law Reports
Suggested Standard Document in Relation to Fees/ Charges
Model Free Note
Expert Witness Terms of Engagement n Legal Aided Children Act Proceedings
Courts Hearing Family Cases
The Children and Families Court Advisory and Support Service (CAFCASS)
Proposed Guidance on Expert and Assessors in Proceedings Relating to Children