Litigants

Expert Evidence for Litigants.

This page is for people bringing or responding to an abuse injury case, whether or not a solicitor is acting for them. It explains what a medico-legal expert does, what the court expects, and where to ask for help.

01 The Basics

What an expert
report is for.

In plain terms

A medico-legal expert examines the medical or psychological issues a court has to decide and sets out an independent opinion in a written report. The expert is not on either side: under Part 35 of the Civil Procedure Rules the duty is to the court, and that duty comes before any duty to the person paying the fee.

  • Permission comes first. In England and Wales the court has to give permission before expert evidence can be relied on, and it decides the issues the expert may address.
  • The instruction sets the scope. The letter of instruction tells the expert which questions to answer and what papers to read. There is a template on the site.
  • Fees are agreed in advance. Fees, and any legal aid prior authority, are settled before the work starts. See Expert Fees for how we quote.