Code of Practice for Experts

Civil Proceedings

It is with pleasure that we are able to announce to Members of The Academy and all other Experts using The Academy’s Code of Practice, that the Master of the Rolls & Chairman of the Civil Justice Committee approved a Code of Practice for Expert on 22 June 2005. This new code replaces The Academy's existing Code of Practice.

The Academy and the EWI agreed this ‘joint’ Code. Each body has adopted it so that it applies to members of either organisation. This The Academy believes is a positive step towards the raising and policing of higher standards for ALL Experts.

The Academy is dedicated to standards of excellence for Experts and this is seen as a constructive start to The Academy’s 18^th Anniversary programme.

Those who have been accustomed to using the previous version of The Academy’s Code of Practice will notice the striking similarities between the existing TAE Code and the new Code!

This Code was endorsed on 22nd June 2005 by Rt Hon Lord Phillips of Worth Matravers Master of the Rolls & Chairman of the Civil Justice Council

Criminal Proceedings

On 26th June 2006 the Code was endorsed by the Master of the Rolls, Rt Hon Sir Anthony Clarke and the President of the Queens Bench Division, Rt Hon Sir Igor Judge for use in Criminal proceedings.

The Code of practice for Experts

Code of Practice pre 22 June 2005

The Academy of Expert's Code of Practice prior to 22nd June 2005

Preamble

This Code of Practice shows minimum standards of practice that should be maintained by all Experts. There are, in addition to the Code of Practice, General Professional Principles with which an Expert should comply.

These include the Expert: 

• Being a ‘fit and proper’ person; 
• Having and maintaining a high standard of technical knowledge and practical experience in their professional field; 
• Keeping their knowledge up to date both in their expertise and as an Expert and undertaking appropriate continuing professional development and training.

The Code 

1. Experts shall not do anything in the course of practising as an Expert, in any manner which compromises or impairs or is likely to compromise or impair any of the following:
   
   1. the Expert’s independence, impartiality, objectivity or integrity;
      
   2. the Expert's overriding duty to the Court or Tribunal
      
   3. the Expert's duty having complied with the other sections of this Code and where the law permits, to act in the best interests of those appointing him;
      
   4. the good repute of the Expert or of Experts generally;
      
   5. the Expert's proper standard of work;
      
   6. the Expert’s duty to maintain confidentiality.
      
2. An Expert who is retained or employed in any contentious proceeding shall not enter into any arrangement to receive a contingency fee in respect of that proceeding nor should he accept any benefits other than his fee and expenses.
   
3. An Expert should not accept instructions in any matter where there is an actual or potential conflict of interests. Despite this rule, if full disclosure is made in writing the Expert when those concerned specifically acknowledge the disclosure, may in appropriate cases accept instruction. Should an actual or potential conflict occur after instructions have been accepted, the Expert shall immediately notify all concerned and in appropriate cases resign his Appointment.
   
4. An Expert shall for the protection of his client maintain with a reputable insurer proper insurance for an adequate indemnity. The insurance shall include professional indemnity of not less £500,000.
   
5. Experts shall not publicise their practices in any manner that may reasonably be regarded as being in bad taste. Publicity must not be inaccurate or misleading in any way. 
   
6. The Expert shall comply with all appropriate Codes of Practice and Guidelines.