Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 63
being deemed un昀椀t to resume work. He was deemed able
to ad hoc voluntary work could be an option to help his
wellbeing and provide some purpose and structure to his
life. He had lost 2/3 of his pre incident salary.
However, only a vocational expert can answer:
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Does this prevent them from returning to their
job role or trade?
What alternative roles are realistic?
Are these roles available to them locally? Or do
they need remote work?
What adjustments or equipment might they
require at work to overcome this barrier?
What salary range is achievable?
How long will retraining take?
What is the long term vocational prognosis?
Or the 16 year old boy who was due to start an apprenticeship
within construction now dealing with partial sight. The
impact this would have on his apprenticeship and need for
adjustments at future work.
These insights directly in昀氀uence quantum.
3. The Underestimated Power of Vocational
Evidence in Family Law and Divorce
Without vocational evidence, courts and Tribunals
are left to guess.
Family law is one of the fastest growing areas for
vocational expert instruction.
2.1 The Legal Principle: Courts Must
Avoid Speculation
UK courts have repeatedly emphasised that
decisions about earning capacity must be grounded
in evidence, not assumption.
Why? You may ask.
In A Local Authority v RS (Capacity) [2020] EWCOP
29, Reference (1) the court criticised assessments
that relied on generic statements rather than
detailed, functional analysis.
Although not speci昀椀cally a vocational case, the
principle is directly applicable:
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Because modern divorce cases increasingly involve
disputes about:
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Courts require robust, analytical, evidence driven
assessments — not assumptions — when determining
a person’s functional abilities. Vocational experts
provide exactly that.
2.2 How Vocational Evidence In昀氀uences
Personal Injury Outcomes
Courts must determine:
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Examples from practice include:
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Demonstrating that a manual worker with
chronic pain cannot sustain full time work, even
if they can perform tasks intermittently
Showing that a claimant with PTSD cannot
return to customer facing roles but can retrain
into remote administrative work
Establishing that a claimant with mild brain
injury has reduced processing speed that limits
progression into higher paid job roles
Providing evidence that a claimant’s pre injury
career trajectory would likely have led to
promotion and increased earnings
Should spousal maintenance be awarded?
For how long?
At what level?
Is one party deliberately under earning?
Is a return to work realistic?
What income could be achieved with retraining
or any work place adjustments?
These are all vocational questions which can be
answered
Here’s another example:
A couple divorcing after 12 years of marriage. The woman
worked part time until one of the children was diagnosed
with severe autism. She then gave up work to care for
her son and daughter. The woman has ADHD herself
(adult diagnosis) The man worked full time. He earned
over £50,000 per annum. He has been made redundant
recently and also just diagnosed with cancer.
Here are some anonymised vocational expert client
examples:
The 23 year old man with a brain injury who was struggling
to study and gain quali昀椀cations which may or may not have
resulted in him working as a Personal Trainer. Including
the loss of income experienced by his Mother having to help
support him with studies and work placements.
Some of the questions answered within the
vocational expert report were to assess and provide
opinion on:
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Or the middle aged man who was working as a bus driver
with a chronic liver condition post infection leading to him
EXPERT WITNESS JOURNAL
Earning capacity
Ability to return to or continue to work
Feasibility of retraining if work absence has
been a signi昀椀cant period of time
Impact of childcare or parental elder care
responsibilities
Hidden earning potential
Underemployment
Voluntary unemployment
Career breaks
Long term illness
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Factor in the parental care needs for the children
and impact this may have on both parents in
terms of their capacity for future work.
APRIL 2026
