Notes from our chambers on instructing psychiatric, psychological and paediatric experts — covering Single Joint Expert reports, vicarious liability, capacity, limitation, and admissibility under CPR Part 35 and FPR Part 25.
Photo by khezez | خزاز via Pexels CPR Part 35: Expert Duties and Report Requirements in Abuse Injury Claims In abuse injury litigation, the role of the expert witness is pivotal. The Civil Procedure Rules (CPR) Part 35 sets out the duties and responsibilities of experts instructed to provide evidence in civil proceedings, including claims…
Photo by Vitaly Gariev via Pexels Section 2 Mental Health Act: Implications for Abuse Injury Claims In abuse injury litigation, the intersection of psychiatric vulnerability and legal process frequently brings Section 2 of the Mental Health Act 1983 (MHA) into focus. For solicitors acting in civil claims, CICA applications or group actions involving survivors, understanding…
Photo by KATRIN BOLOVTSOVA via Pexels Psychological Report for Court: Structure and Legal Relevance In abuse injury litigation, a well-prepared psychological report for court can be pivotal in establishing liability, causation, and quantum. Whether in civil claims, Criminal Injuries Compensation Authority (CICA) matters, or group litigation, the expert witness report must meet rigorous clinical, legal,…
Photo by cottonbro studio via Pexels Vicarious Liability in Institutional Abuse Claims: Key Considerations for Psychiatric SJE Reports In the evolving landscape of institutional abuse litigation, vicarious liability remains central to establishing accountability. Recent authorities such as Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, Barclays Bank plc v Various Claimants [2020] UKSC 13,…
Photo by Tima Miroshnichenko via Pexels Common pitfalls when preparing Single Joint Expert reports on complex PTSD for school‑based abuse claims In abuse injury litigation, the quality of a Single Joint Expert (SJE) report can be decisive. When the alleged abuse took place in a school setting and the claimant presents with complex PTSD, the…
Common Mistakes When Instructing Psychiatric Experts for Historic Institutional Abuse Claims Involving Delayed Disclosure In abuse injury medico-legal practice, the way a psychiatric expert is instructed can shape the outcome of a claim. Historic institutional abuse claims that involve delayed disclosure present particular challenges: the evidence often rests on memory, complex trauma presentations and statutory…
Photo by RDNE Stock project via Pexels Preparing a robust SJE brief for CICA sexual‑offence applications: pitfalls highlighted by recent clinical‑negligence discussions In abuse injury medico‑legal practice, the quality of the Single Joint Expert (SJE) brief often determines whether an expert witness can provide a report that survives rigorous cross‑examination and aligns with the expectations…
Photo by Charlss GonzHu via Pexels Avoiding Cost Pitfalls: How Abuse Injury Experts Can Navigate Third‑Party Costs Orders in Child Abuse Litigation In abuse injury litigation the intersection of clinical complexity and the strict cost regimes of the civil courts creates a delicate balance. Recent authority demonstrates how a third‑party costs order can be imposed…