Loss of Earnings
Expert Witness Reports
Our chambers prepares CPR Part 35-compliant loss of earnings reports for personal injury and clinical negligence claims, quantifying past and future earnings loss with expert evidence on residual earning capacity.
The evidential foundation for
earnings capacity claims.
Our chambers prepares loss of earnings reports that quantify the financial impact of injury or negligence on a claimant’s ability to work. These reports provide the court with expert evidence on pre-injury earnings, residual earning capacity, and future earnings loss.
Members of our chambers hold qualifications in psychiatry, occupational medicine, and vocational rehabilitation, ensuring assessments align with CPR Part 35 and Practice Direction 35. Our reports are relied upon in personal injury, clinical negligence, and employment tribunal claims.
Three stages where
this report is critical.
Pre-action protocol
Our loss of earnings report supports the Letter of Claim, establishing the claimant’s pre-injury earnings and residual capacity. This evidence informs early settlement negotiations and funding applications under Conditional Fee Agreements.
Schedule of Loss
The report provides the evidential basis for the Schedule of Loss, quantifying past and future earnings loss. Our experts address mitigation, residual capacity, and vocational rehabilitation under CPR Part 35.
Joint expert meetings
Our experts participate in joint discussions under CPR 35.12, addressing differences in opinion on earning capacity and future loss. The report’s clarity ensures robust responses to Part 35 questions from opposing parties.
What the loss of earnings report
contains, section by section.
Expert qualifications
GMC or HCPC registration, Specialist Register status, and medico-legal experience. The report includes the expert’s declaration of independence under CPR 35.3 and compliance with Practice Direction 35.
Pre-injury earnings
Analysis of the claimant’s employment history, salary records, and career trajectory. This section establishes the baseline for calculating past and future earnings loss under the Civil Liability (Contribution) Act 1978.
Injury impact assessment
Clinical evaluation of how the injury affects the claimant’s ability to perform their pre-injury role. This includes functional limitations, cognitive impairments, and psychiatric sequelae under DSM-5-TR or ICD-11.
Residual earning capacity
Expert opinion on the claimant’s ability to work in alternative roles, accounting for retraining, reasonable adjustments, and mitigation. This section addresses the Equality Act 2010 and vocational rehabilitation options.
Future earnings loss
Quantification of future loss using Ogden Tables, adjusted for contingencies. The report addresses life expectancy, career progression, and the impact of ongoing treatment on earning capacity.
Mitigation & rehabilitation
Assessment of the claimant’s efforts to mitigate loss, including engagement with vocational rehabilitation. The report addresses the reasonableness of proposed interventions under CPR Part 35.
Statement of truth
The expert’s signed declaration of compliance with CPR Part 35, confirming the report’s independence and overriding duty to the court. This section includes the statement of truth under CPR 35.10.
How the earnings capacity assessment
is conducted.
Our experts follow a transparent methodology to ensure the loss of earnings report withstands scrutiny under CPR Part 35. Each step is documented to provide a clear audit trail from instruction to opinion.
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01
Records review
Comprehensive review of employment records, tax returns, and medical notes. Key documents are paginated and referenced in the report to comply with Practice Direction 35, para 3.2.
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02
Clinical assessment
Structured interview and examination to evaluate the claimant’s functional limitations. Standardised tools, such as the Work Ability Index, are used where clinically indicated.
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03
Vocational analysis
Assessment of transferable skills, retraining options, and reasonable adjustments under the Equality Act 2010. This informs the opinion on residual earning capacity.
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04
Earnings quantification
Calculation of past and future earnings loss using Ogden Tables and actuarial principles. The report addresses contingencies and mitigation under CPR Part 35.
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05
Formulation & opinion
Clinical formulation linking the injury to the claimant’s reduced earning capacity. The expert’s opinion is reasoned and supported by evidence, addressing any limitations transparently.
Every claim requiring
earnings loss quantification.
Our loss of earnings reports are commissioned in personal injury, clinical negligence, and employment tribunal claims where the claimant’s earning capacity has been impaired.
Questions from
solicitors we work with.
What is the typical turnaround for a loss of earnings report?
Four to six weeks from receipt of full records. Court-deadline cases are prioritised, with expedited timetables agreed at instruction. Our chambers coordinates with instructing solicitors to align with litigation deadlines under CPR Part 35.
Do your experts use Ogden Tables for future loss calculations?
Yes. Our reports apply the Ogden Tables (7th edition) for future earnings loss, adjusted for contingencies such as mortality, unemployment, and residual earning capacity. The methodology is documented to comply with CPR Part 35.
Can the report address both psychiatric and physical injuries?
Yes. Where the claimant’s earning capacity is affected by both psychiatric and physical injuries, our experts collaborate with allied specialists to provide a unified opinion. Separate reports are issued where distinct disciplines are required.
Are remote assessments acceptable for earnings capacity assessments?
Where clinically appropriate. Secure video assessments are accepted under CPR Part 35 where the expert considers it suitable. For complex cases or claimants with significant cognitive impairments, in-person assessment is recommended.
Will the expert respond to Part 35 questions from the defendant?
Yes. Our experts respond to relevant Part 35 questions under CPR 35.6, ensuring answers are proportionate and not overly burdensome. The chambers coordinates responses to avoid inappropriate cross-examination-style questions.
Can the report be updated if new medical evidence emerges?
Yes. Addendum reports are prepared where new records, treatment outcomes, or vocational developments arise. These are quoted separately and comply with CPR Part 35 requirements for updated expert evidence.
Need a loss of earnings expert
for your case?
Send a brief case summary — claimant details, injury type, procedural stage, and any time-critical deadlines — and our chambers will confirm expert availability and timescales within one working day.