Common FAQs

42 of the most commonly asked questions for solicitors instructing medico-legal expert witnesses in abuse injury cases. From the full lifecycle of an instruction to joint expert discussions and trial attendance, we have compiled this list from the questions claimant, defence, family and criminal-injury solicitors actually commonly ask.

Category 01

Instruction & Intake

The questions that arise at the start of a matter — from first contact to formal instruction.

Q01 Do you accept instructions from both claimant and defendant solicitors?

Yes. The expert’s overriding duty under CPR 35.3 is to the court — and that duty is identical regardless of who instructs. Conflict checks are run at intake and any prior involvement with the parties or their solicitors is disclosed in writing before instruction is accepted. Single Joint Expert appointments under CPR 35.7 are accepted on the same terms.

Q02 What information do you need to provide an initial response?

A claimant identifier (name or pseudonym for conflict checking), a brief case summary, the procedural route (civil, CICA, redress, COP), procedural stage, the question(s) for the expert, the funding basis and any time-critical deadlines. Records inventory and venue preferences help — but are not required at the enquiry stage.

Q03 How quickly will you respond to an initial enquiry?

Initial response within minutes. Court-deadline matters are flagged at intake and an expedited allocation timeline is confirmed immediately. Standard expert allocation follows within 48 hours of receipt.

Q04 Do you accept instructions from individuals or only solicitors?

Legal professionals only. We do not accept direct-access instructions from claimants or other private individuals. This is a structural feature of how a CPR 35 expert practice operates — instructions need to come through legal representation able to frame the question and conduct the proceedings the report serves.

Q05 Can a barrister or chambers instruct directly?

Yes — direct-access instruction by counsel is accepted where the chambers can confirm the instructing solicitor on record (or, in matters where solicitors are not engaged, the relevant tribunal context). Public-access barrister instructions are also accepted on the same evidentiary basis.

Q06 Can high-volume firms put a framework arrangement in place?

Yes. Firms instructing at scale — typically claimant abuse departments and insurer-panel firms — can put a framework arrangement in place covering rates, format, intake routing and reporting cadence. Framework instructions retain the same expert-allocation discipline as one-off matters.

Category 02

Fees & Funding

How fees are structured, quoted, invoiced and recovered — across every funding basis encountered in abuse litigation.

Q07 Are fees fixed or charged hourly?

Both — depending on the case. Standard Condition & Prognosis and CICA reports are quoted at a fixed fee at intake. Complex causation, quantum and historic matters are quoted on an hourly basis with a written estimate of total cost. The basis is always confirmed in writing before instruction is accepted.

Q08 Do you accept LAA prior-authority instructions?

Yes. Quotations are structured to fit within LAA hourly rate caps as set out in the Guidance on the Remuneration of Expert Witnesses. Where case complexity supports a higher hourly rate, we provide the documented rationale for the prior authority application and liaise on amendments where the LAA queries the quotation.

Q09 Do you offer contingency or success-based fees?

No — and the position is structural, not negotiable. Fees contingent on case outcome compromise the expert’s overriding duty under CPR 35.3 and are explicitly excluded by the Academy of Experts Model Terms and equivalent professional guidance. The expert is paid for the work performed, regardless of result.

Q10 How are invoices structured for inter-partes recovery?

Invoices are itemised in the format costs draftsmen and detailed assessment officers expect — separating expert work from agency administration where applicable, in line with Stringer v Copley and subsequent case law. This structure is what permits full recovery of expert fees on detailed assessment.

Q11 What are the standard payment terms?

Standard payment terms are 30 days from report delivery. LAA-funded matters are aligned to the LAA’s payment cycle. Deferred payment terms can be arranged for established framework firms — agreed in writing at the framework stage.

Q12 What happens if an instruction is cancelled?

Cancellation fees are tiered by stage — nil before records receipt, partial after records review, full after assessment. The tiers are documented in the engagement letter and visible from intake, so there are no surprises.

Q13 Are fee quotations free?

Yes. Initial fee quotations and expert CV provision are provided at no cost. There is no obligation to instruct following receipt of the quotation. Detailed pre-instruction consultations are also offered free of charge for legal professionals scoping a case.

Category 03

Experts & Allocation

Who sits on the panel, how experts are matched to instructions, and the standards behind every allocation.

Q14 What qualifications do panel experts hold?

Psychiatrists hold full GMC registration with licence to practise, entry on the GMC Specialist Register in the relevant specialty, and MRCPsych. Psychologists hold HCPC registration in the relevant Practitioner Psychologist title and Chartered status with the BPS where applicable. Formal expert witness training (Bond Solon, BPS pathway, RCPsych pathway) is required for all panel members.

Q15 How are experts matched to instructions?

Allocation is based on four factors: declared sub-specialism, geographical fit (especially for in-person assessment), conflict-check clearance and current capacity. The match is made by the chambers team and reviewed by the clinical lead — not allocated by next-available rota.

Q16 Will I receive expert CVs before instructing?

Yes. The allocated expert’s CV is provided alongside the fee quotation. Where the case complexity warrants it, two or three CVs are provided and the instructing solicitor selects. Personal expert details beyond what is required for instruction are not published publicly — solicitor-only disclosure is the chambers norm.

Q17 Can I request a specific expert by name?

Yes — where the firm has prior working knowledge of a panel member. Requests are honoured subject to conflict checks, capacity and clinical fit for the specific question. Where the named expert is unavailable, an equivalent allocation is offered and the reason for the substitution explained.

Q18 What sub-specialisms does the panel cover?

General Adult Psychiatry, Forensic Psychiatry, Child & Adolescent Psychiatry, Old Age Psychiatry, Liaison Psychiatry, Addiction Psychiatry, Learning Disability Psychiatry, Clinical Psychology, Forensic Psychology, Counselling Psychology, Neuropsychology and Educational Psychology. Sub-specialism allocation reflects the question, not just the available roster.

Q19 Can I request an expert of a specific gender or language?

Yes — and we encourage this where the claimant’s experience of abuse makes it relevant. Gender preference, language preference and cultural fit can all be specified at intake and matched within the panel. Where the panel cannot match in a particular geography, a remote-assessment alternative is offered.

Category 04

Assessment & Logistics

The mechanics of getting the claimant in front of the expert — venues, formats, accessibility and trauma-informed practice.

Q20 Where does the assessment take place?

Venue is matched to the case. Options include the expert’s clinic, a domiciliary visit at the claimant’s home, hospital or care home visits, prison and secure psychiatric unit visits, and remote assessment by secure video link. The choice is ultimately a matter for the expert’s clinical judgement.

Q21 Are remote video assessments accepted?

Yes — by secure video link, where the expert considers it clinically appropriate for the question being addressed. Some assessments (capacity, complex causation, certain trauma presentations) are stronger in person. The expert flags this at allocation.

Q22 How long does the assessment take?

Typically 90 minutes to three hours for a standard psychiatric assessment, depending on complexity, claimant tolerance and the breadth of question. Psychometric assessment with a clinical psychologist usually requires a longer session — sometimes split across two visits where the standardised testing battery requires it.

Q23 Can a support person attend the assessment?

The clinical interview itself is conducted between the expert and the claimant alone, to preserve the integrity of the assessment. A support person can be present at the venue, can accompany the claimant before and after the interview, and can be physically present in some psychometric assessment contexts. The expert confirms the protocol with the instructing solicitor in advance.

Q24 Is the assessment trauma-informed?

Yes — by the structural nature of the panel. Every panel member has demonstrable clinical experience working with trauma and is selected in part on the ability to conduct an abuse-claim assessment without compounding harm. Pacing, content control and post-assessment support are part of the standard methodology.

Q25 Does the claimant need to bring anything?

Photo ID, a list of current medications, and any recent treatment summaries the claimant happens to hold. Most clinical material reaches the expert through the records bundle from the instructing solicitor — the claimant is not expected to gather their own documentation.

Category 05

Reports & Delivery

Format, content, turnaround and the standards every report carries.

Q26 What is the standard report turnaround?

Four to eight weeks from receipt of indexed and paginated records, depending on case complexity and the volume of material. Court-deadline matters are prioritised at intake. Expedited turnaround is available where the listing requires it and is confirmed in writing at the quotation stage.

Q27 What standards do reports follow?

CPR Part 35, Practice Direction 35, the Civil Justice Council’s 2014 Guidance for the Instruction of Experts, RCPsych guidance on giving expert evidence, and BPS guidelines on psychological evidence in legal proceedings. Every report carries the Part 35 declaration, statement of truth and full methodological disclosure.

Q28 Are draft reports issued for solicitor comment?

No — and the reasoning is the same as the duty under CPR 35.3. The expert’s report is the expert’s report, not a document negotiated between expert and instructing solicitor. Where the report contains factual error, an addendum can be issued. Where the instruction questions need refinement, that happens before assessment, not after the report is drafted.

Q29 What report formats are available?

Seven principal formats: Condition & Prognosis, Liability & Causation, Quantum & Care Needs, Psychiatric Assessments, Psychological Assessments, Single Joint Expert reports, and Court of Protection capacity reports. The right format is matched to the question at intake — not after the wrong report has been commissioned.

Q30 Can an addendum or supplementary report be requested?

Yes. Where new evidence emerges, the original instruction is amended, or a factual matter requires correction, an addendum is prepared on the same evidential basis as the original report. Fees for addenda are quoted at the point of request and follow the same fee-basis structure as the original instruction.

Q31 How is the report delivered?

Securely — through the chambers’ encrypted document delivery system, sent to named recipients at the instructing firm. Hard copies are not standard but can be provided on specific request. Reports are signed electronically by the expert and carry the Part 35 declaration in full.

Category 06

Litigation & Court

Part 35 questions, joint discussions, joint statements and trial attendance — what to expect through the procedural lifecycle of the report.

Q32 Will the expert respond to Part 35 questions?

Yes — within the standard scope of every instruction. Part 35 questions under CPR 35.6 are answered within the time set by the court. Fees for Part 35 responses are quoted on receipt of the questions and reflect the work involved.

Q33 Does the expert attend joint discussions?

Yes. Joint expert discussions under CPR 35.12 are attended — in person or by video — and the joint statement is prepared collaboratively with the opposing expert. The statement is exchanged with both parties’ solicitors in line with the timetable set by the court.

Q34 Will the expert attend trial?

Yes — in person or by secure video link. Diary is held against the listing from the point it is confirmed. Pre-trial conference with counsel is included in the standard offering where the trial is contested. Cancellation of trial attendance is dealt with under the standard cancellation tier structure.

Q35 Can the expert give evidence by video link?

Yes — secure video link evidence under the Cloud Video Platform or the court’s remote attendance system is supported. The expert ensures appropriate environment, technical setup and document management for video attendance.

Q36 Are reports prepared for CICA, redress schemes or COP?

Yes. Reports for the 2012 CICA Scheme, the principal live institutional redress schemes (Church of England, Lambeth, Manchester City and equivalents), Court of Protection capacity work under the Mental Capacity Act 2005 (including COP3 completion), and First-tier Tribunal matters are all within the standard offering.

Q37 Can the expert work on Group Litigation Orders or class actions?

Yes. GLO and equivalent multi-claimant matters are accepted, with framework arrangements covering report cadence, lead-case structure and standardised methodology. Volume capacity is matched to the GLO timetable at the framework stage.

Category 07

Data & Confidentiality

How sensitive material, claimant identity and case correspondence are handled across the lifecycle of the instruction.

Q38 How is sensitive material handled?

The chambers operates UK GDPR compliant data protocols with documented handling of sensitive material — abuse disclosures, social services records, police material and medical records. Material is held under restricted access infrastructure and is not handled outside that environment.

Q39 Is claimant anonymity preserved in correspondence?

Yes — to the extent the matter requires. Claimant identifiers in correspondence default to pseudonyms or initials at the firm’s preference. Where court anonymity orders are in place (for example, in matters subject to the Sexual Offences (Amendment) Act 1992), the chambers conforms to the orders in all written and electronic material.

Q40 Are records returned at the end of the matter?

Records and case material are retained in line with the firm’s preferred retention policy and the regulatory requirements of the relevant professional body. Default position is secure destruction at the end of the matter; longer retention is available for ongoing or related instructions.

Q41 Is the chambers ICO registered?

Yes. Information Commissioner’s Office registration is current, UK GDPR data processing terms are documented and available, and a written data protection impact assessment is in place for the categories of sensitive material involved in abuse-claim work.

Q42 Are panel members CRB / DBS checked?

Yes. Enhanced DBS checks are in place for all panel members and refreshed in line with the regulatory requirements of the GMC, HCPC and BPS. Where a specific instruction requires further safeguarding clearance (for example, prison or secure-setting visits), additional clearance is held.

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