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The expert evidence on Autism Spectrum Disorder.

129.

At (and before) the Trial it was common ground that Dr Wright suffers from Autism Spectrum Disorder, which covers a very wide spectrum. On 8 September 2023, Dr Wright served a report from Professor Seena Fazel which suggested that some radical adjustments were required (including receipt of all questions in advance) if Dr Wright was to give evidence. Professor Fazel had formed his view based on interviews with Dr Wright but without being told that Dr Wright had given evidence and been cross-examined before. In particular, Professor Fazel was not given access to any of the videos (e.g. from the Granath proceedings in Norway) showing him being cross-examined without apparently any problem at all. After I had given permission to rely on that report, COPA served their report from Professor Michael Craig on 21 November 2023, who had seen the videos. The experts met and agreed a very useful Joint Statement which recommended only limited adjustments. Their agreement was the basis for the Order I made at the PTR, as follows:

‘Pursuant to CPR PD1A, the Court shall adopt for the evidence of Dr Wright at trial the adjustments agreed upon by the parties experts in ASD, namely (a) there being clear timetabling of Dr Wright’s evidence; (b) him being given access to a pen and paper; (c) him being given access to a real time transcription screen; (d) there being a lower threshold for breaks in evidence, particularly if he becomes emotionally dysregulated; and (e) follow-up questions being relatively shorter in the event of Dr Wright becoming emotionally dysregulated.’

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