Being an Expert Witness goes well beyond having an expertise in a particular field. Since Jones v Kaney solicitors are going to be much more careful about their selection of Expert Witnesses.
We always look for experts who can demonstrate that they have a thorough understanding of Practice Direction 35, Pre-Action Protocols and of course CPR Part 35, are able to produce court compliant reports and give evidence in court.
Dr Farrall is trained in the Expert Witness role and holds the Cardiff University-Bond Solon (CUBS) Expert Witness certificates in Civil, Family and Criminal law proceedings, ensuring:
Dr Farrall provides an Expert Witness risk assessment service for Family Court, in any public or private family law case where there are allegations or findings of domestic violence and abuse, and contact or residence is at issue. CAFCASS will often conduct an assessment in such cases, but as a senior CAFCASS officer states:
“[We are] social work experts on the impact on the child, but experts in the social work 'child care' bit, not the domestic violence.”
For Criminal Courts, recent legislation on non-physical forms of domestic violence and abuse (Serious Crimes Act 2015, Part 5, S 76) raises difficult issues in determining intention and harm on the part of alleged perpetrators and victims. A defence is allowed if it can be proved that A believes they are acting in the 'best interests' of B. Ascertaining these issues in light of contemporary research on motivations for intimate partner violence and abuse is likely to require expert psychological input.
Dr Farrall brings the following expert benefits to the Court:
This combination enables the instructing solicitor or barrister to have confidence in all aspects of Dr Farrall’s performance, making cost effective use of Court time and helping the Court to reach the most appropriate decision.
Dr Farrall has supplied an article on Instructing A Domestic Abuse Expert to The Review, the magazine of Resolution (formerly known as the Solicitors' Family Law Association). The text of this article can also be found in our Document Library.
[Dr Farrall is] Highly recommended as an expert in complex cases. Has an uncanny ability to get to the core issues quickly and secure the engagement of difficult clients.
Excellent communication with those instructing him. Does not hesitate to request further information when considered appropriate for a thorough recommendation, rather than file an incomplete report and then have to file an addendum - an invaluable trait for clients with limited means or the LSC!!
Prompt delivery of report and bills. Reports are thorough and detailed. More than satisfies the LSC requirements for instruction as an expert witness.