A Practice Direction issued by the Senior President of Tribunals outlined significant changes to the length of expert witness reports in the Immigration and Asylum Chamber of the First-tier Tribunal (IAC).
1. When did this Practice Direction come into effect?
On 1 November 2024, the Senior President of Tribunals, Sir Keith Lindblom issued a new practice direction, which came into effect on that date.
The practice direction introduced bundle page limits for appeal skeleton arguments, expert reports and background country information during hearings in the IAC on or after 1 November 2024.
2. What are the key considerations for expert witnesses?
The requirements for expert witnesses are set out at in Part 3, section 9, of the practice direction.
9.1 states that expert reports should be as “concise as possible and focused on the issues in dispute which are within the author's field of expertise”.
9.2 states that “an expert report must not exceed 20 pages”. However, “the party adducing the expert evidence may apply in writing, with reasons in support of the application, for an expert report exceeding 20 pages, or for any addendum reports, to be served”.
The usual requirements for writing expert reports for the tribunal still stand and can be found under 9.3. The expert report also requires a statement of truth (under 9.4), which should be in the following form:
"I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer."
3. How can expert witnesses ensure compliance with the Practice Direction?
As this Practice Direction is already in force, experts are advised to review their current reports and check that they meet the requirements.
Bond Solon can work with groups of experts from the same discipline to identify how reports can be reduced in length and how to produce an effective, short executive summary, which does not risk losing the important parts of the expert’s opinion.
If you would like to discuss or book an in-house Excellence in Report Writing course, please call 020 7549 2549 or email expertwitness@bondsolon.com.