Letter of Instruction Template
1. Purpose of the Letter of Instruction
Our chambers prepares medico-legal reports under instructions that comply with CPR Part 35 and the Civil Justice Council 2014 Guidance. A letter of instruction expert witness must define the expert’s role, clarify their duty to the court, and specify the scope of evidence required. Members of our chambers accept instructions only when the letter confirms adherence to these standards.
2. Core Components of the Template
An expert witness instruction template must include the claimant’s name, litigation reference, and the specific questions the expert is asked to address. Our chambers requires the letter to state the expert’s independence, confirm their GMC Specialist Register or HCPC status, and reference the relevant procedural rule (CPR 35.7 for single joint experts).
- Claimant and instructing party details
- Litigation reference and court track
- Expert’s regulatory qualifications
- Questions on condition and prognosis
3. Expert’s Duties Under CPR 35.3
Our experts prepare reports that prioritise their duty to the court over the instructing party’s interests. The letter of instruction expert witness must explicitly state that the expert may seek further directions from the court under CPR 35.14 if instructions are incomplete or unclear. Members of our chambers will not proceed without this confirmation.
| Duty | CPR Reference | Requirement in Letter |
|---|---|---|
| Independence | CPR 35.3 | Explicit statement of duty to court |
| Scope of expertise | CPR 35 PD 2.1 | Confirmation of GMC/HCPC registration |
| Clarification rights | CPR 35.14 | Provision for court application if needed |
4. Instructions on AI and Data Handling
Our chambers accepts instructions that specify whether the expert may use AI-assisted tools for research or drafting. The medico legal instruction letter must detail data protection measures, including encryption of medical records and compliance with UK GDPR. Members of our chambers will not process sensitive data without these safeguards.
| Instruction Item | Requirement | Statutory Basis | Chambers Policy |
|---|---|---|---|
| AI use | Explicit permission or prohibition | CPR 35 PD 3.2 | Default: no AI without consent |
| Data encryption | Minimum AES-256 standard | UK GDPR Art. 32 | Mandatory for all reports |
Instructions must also confirm whether the expert may share draft reports with instructing solicitors for factual accuracy checks, as permitted under CPR 35.12.
5. Timetable and Deadlines
Our chambers coordinates with instructing parties to align report deadlines with court directions. The expert witness report instruction must specify the date for draft submission, the final report deadline, and any interim updates required under CPR 35.13. Members of our chambers reserve the right to decline instructions with unrealistic timelines.
| Milestone | Typical Timeframe | CPR Reference |
|---|---|---|
| Draft report | 4-6 weeks post-instruction | CPR 35.12 |
6. Civil Justice Council Guidance Links
Our chambers adheres to the Civil Justice Council’s Protocol for the Instruction of Experts. The letter of instruction expert witness should reference this guidance to ensure compliance with best practice. Members of our chambers will not accept instructions that conflict with these standards.
- Civil Justice Council Guidance — judiciary.uk/wp-content/uploads/2014/06/cjc-experts-protocol-june-2014.pdf
- CPR Part 35 — justice.gov.uk/courts/procedure-rules/civil/rules/part35
7. Adapting for Single Joint Experts
Instructions accepted by our chambers for single joint experts must include the names of all instructing parties and confirm their agreement to the expert’s appointment under CPR 35.7. The letter should specify whether the expert may communicate with all parties simultaneously or sequentially.
Key adaptations for single joint expert instructions:
- All-party agreement to expert selection
- Joint funding arrangements confirmed
- Communication protocol for draft reports
- CPR 35.6 questions addressed
Our chambers will not accept single joint expert instructions without confirmation of all parties’ consent.
8. Amendments and Updates
Our chambers requires instructing parties to notify us of any changes to the letter of instruction in writing. Amendments must reference the original instruction date and specify whether they affect the expert’s duty to the court or the scope of evidence required under CPR 35.3.
9. Contact for Instruction Queries
For assistance drafting or reviewing a medico legal instruction letter, contact our chambers’ intake team. We provide guidance on CPR Part 35 compliance and Civil Justice Council 2014 Guidance requirements.
Email: intake@chambers.co.uk
Telephone: 0800 161 3395