Memory Assessment
Expert Witness Reports
for historical abuse claims under CPR Part 35, addressing memory reliability, trauma memory assessment, and false memory concerns in civil and criminal proceedings.
Expert evidence on
memory reliability.
Our chambers prepares memory assessment expert witness reports for historical abuse claims, addressing the reliability of trauma memories, the impact of delay, and the potential for false memory contamination under CPR Part 35.
These reports are commissioned where the defendant alleges memory distortion, suggestibility, or fabrication, or where the court requires an independent opinion on the evidential weight of the claimant’s account. Our experts hold GMC Specialist Register or HCPC registration and follow the Civil Justice Council’s 2014 Guidance.
Three stages where
memory evidence is contested.
Pre-action protocol
Our chambers accepts instructions to prepare memory reliability assessments for the Letter of Claim, addressing the defendant’s anticipated challenge to the claimant’s account under s.33 Limitation Act 1980.
Directions & disclosure
Where the defendant’s expert raises false memory concerns or trauma memory distortion, our experts prepare supplementary reports under CPR 35.6 to address Part 35 questions on memory reliability.
Joint expert discussion
Members of our chambers attend joint discussions under CPR 35.12 to reconcile differences on memory assessment, preparing a joint statement for the court on areas of agreement and disagreement.
What the report contains,
section by section.
Expert credentials
GMC Specialist Register or HCPC registration, MRCPsych or BPS Chartered status, and the expert’s experience in memory assessment for historical abuse claims under CPR Part 35.
Memory science review
Summary of current research on trauma memory, false memory, and the impact of delay on recall, with references to DSM-5-TR and ICD-11 criteria for dissociative and trauma-related disorders.
Claimant’s account
The claimant’s narrative of the alleged abuse, recorded verbatim, with clinical observations on consistency, coherence, and emotional congruence during disclosure.
Memory reliability assessment
Analysis of the claimant’s memory for the alleged abuse, addressing suggestibility, contamination risks, and the impact of trauma on recall, with reference to the defendant’s expert’s concerns where raised.
False memory considerations
Opinion on the likelihood of false memory contamination, addressing any external influences, therapeutic interventions, or suggestive questioning identified in the records.
Limitations & caveats
Clear identification of any limitations in the assessment, including gaps in records, the claimant’s reluctance to disclose, or the absence of corroborative evidence.
CPR Part 35 declaration
Signed statement of compliance with CPR 35.3, confirming the expert’s overriding duty to the court and independence from the instructing party.
How the assessment
is conducted.
Our experts follow a trauma-informed methodology, documenting each step to withstand scrutiny under CPR Part 35 and cross-examination at trial.
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01
Records review
Full review of GP, hospital, mental health, and therapeutic records to identify any suggestive questioning, memory contamination risks, or inconsistencies in the claimant’s account.
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02
Clinical interview
Structured interview focusing on the claimant’s memory for the alleged abuse, with attention to detail, coherence, and emotional congruence, conducted in person or via secure video link.
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03
Standardised instruments
Where clinically indicated, validated tools such as the Memory Characteristics Questionnaire or the Gudjonsson Suggestibility Scale are administered to assess memory reliability and suggestibility.
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04
Trauma memory analysis
Clinical assessment of the claimant’s trauma memory, addressing fragmentation, intrusive recall, and the impact of delay on memory accuracy under ICD-11 criteria.
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05
False memory assessment
Evaluation of potential false memory contamination, addressing therapeutic interventions, suggestive questioning, or external influences identified in the records or during the interview.
Every contested historical
abuse claim.
Our chambers accepts instructions for memory assessment expert witness reports across civil, criminal, and redress scheme proceedings where memory reliability is in issue.
Questions from
solicitors we work with.
Can your experts assess memory reliability in non-recent abuse cases?
Yes. Members of our chambers specialise in memory assessment for historical abuse claims, addressing the impact of delay, trauma, and suggestibility on recall under CPR Part 35 and s.33 Limitation Act 1980.
Do your reports address false memory concerns raised by the defendant?
Yes. Our experts evaluate potential false memory contamination, addressing therapeutic interventions, suggestive questioning, or external influences identified in the records or during assessment.
Are remote assessments acceptable for memory reliability reports?
Yes. Secure video assessment is accepted where clinically appropriate, though in-person assessment is recommended for complex trauma presentations or where capacity is in issue.
Will your experts respond to Part 35 questions on memory assessment?
Yes. Our experts respond to Part 35 questions under CPR 35.6, addressing memory reliability, trauma memory, and false memory concerns raised by the opposing party.
Can your experts attend joint expert discussions on memory evidence?
Yes. Members of our chambers attend joint discussions under CPR 35.12, preparing a joint statement on memory reliability, trauma memory, and false memory issues for the court.
Do your experts hold the necessary qualifications for memory assessment?
Yes. Our consultants are on the GMC Specialist Register or HCPC register, hold MRCPsych or BPS Chartered status, and have specific experience in memory assessment for historical abuse claims.
Need a memory assessment expert
witness for your case?
Send a brief case summary — claimant details, alleged abuse, procedural stage, and any memory reliability concerns — and our chambers will confirm expert availability and timescales within one working day.