New rules regarding the quality of expert witnesses giving evidence in family courts mean the law firms that instruct them will need to ensure that they meet the required standards, a partner at Milsted Langdon has warned.

Mandatory minimum standards are being implemented by the Ministry of Justice and Milsted Langdon partner Roger Isaacs, who is himself regularly instructed as an expert witness in court proceedings, is warning that family lawyers should not automatically assume that accountancy expert witnesses comply with them.

He said: “Those instructing accountancy – or indeed any – expert witnesses should not only be aware of the new rules but would also be well advised to include in any letters of instruction to experts a request that the expert confirms their compliance with the standards.

“You cannot become a partner in a firm without a practising certificate, but you can become a director or a manager. Therefore, experts who are not principals of their firms may never have had to apply for practising certificates.

“Those instructing accountancy – or indeed any – expert witnesses should not only be aware of the new rules but would also be well advised to include in any letters of instruction to experts a request that the expert confirms their compliance with the standards.

“By doing so, the experts will confirm that they have relevant expertise and experience and that they comply with the appropriate Continuing Professional Development requirements.

“It is likely that similar standards will be issued to apply to other areas of litigation before long, so law firms should get into the habit of checking the standards of their witnesses sooner rather than later.”