In his review of 2025, Simon Berney-Edwards, chief executive of the Expert Witness Institute, remarked that expert witnesses were coming under ever-increasing scrutiny. The latest Bond Solon and Law Society Gazette Expert Witness survey gives some indication of where that scrutiny should be directed.
Of the 555 experts surveyed, 72% identified inadequate experience and qualifications as the greatest threat to the credibility of expert evidence. Poor report writing came second at 45.6%. 51% supported formal regulation.
My partner gives expert evidence, and also works with a medico-legal expert witness agency. I regularly hear about the difficulties solicitors face when they appoint someone who appears suitable on paper and then receive a report they cannot use. Medico-legal expert witness work can command attractive hourly rates (£450 an hour or more is not unheard of) and this draws in a multitude of aspiring players, but finding an expert who really is an expert and who can effectively communicate their expertise is a whole different ballgame.
The big question for instructing solicitors is whether the so-called expert accepting instruction has the experience to deal with the issues in the case and can put their reasoning into a report that will stand up to scrutiny. I recognise the same distinction in vehicle valuation. One needs enough experience of the market to know which evidence deserves weight. One also needs to be able to explain how an opinion has been reached, where the evidence is limited, and what could change the view. A solicitor needs some way of assessing both before making the appointment.
What should an expert be able to demonstrate before taking on an instruction? And how can a solicitor check that the person has the experience this particular case calls for, before finding out from the report? Regulation could help.
What regulation could offer Expert Witnesses
There is already a precedent in the Family Court. Since 20 July 2026, rule 25.5A of the Family Procedure Rules has generally required the court in England and Wales to use regulated experts in children proceedings covered by the rule. There are exceptions, including for technical experts and where suitable regulated expertise is unavailable. It is a targeted change within family law, and it shows that the courts can set a threshold for who gives expert evidence while retaining access to specialist knowledge when it is needed.
In this year’s Bond Solon survey, experts who favoured accreditation thought it could make standards more consistent, improve accountability and give solicitors greater confidence in the competence and experience of the people they instruct. Many respondents also saw a place for peer review and report auditing. That matters because it brings the quality of the work itself into view. Can the expert explain the reasoning, show what supports the opinion and identify where the evidence falls short?
Some respondents worried that a burdensome scheme would put off people in niche fields who take on relatively few instructions. I share the concern about how a scheme is designed. A specialist may spend most of their working life in the field from which the court needs evidence. I would want regulation to recognise the value of that experience and give solicitors a better way of establishing, before they instruct, whether the expert can turn it into evidence the court can use.
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