How our Expert Witness Process works

1. Definition of an Expert Witness

Our chambers defines expert witness as a consultant-grade specialist instructed to provide independent opinion evidence to UK courts under Civil Procedure Rules Part 35. Members of our chambers prepare reports on psychiatric, psychological, and neuropsychiatric matters for civil, criminal, and family proceedings. The definition of an expert witness excludes treating clinicians and requires impartiality to the instructing party.

2. Expert Witness Role in Litigation

Our chambers accepts instructions to clarify clinical issues where specialist knowledge exceeds judicial expertise. The expert witness role includes assessing claimants, preparing CPR Part 35-compliant reports, and attending court to give oral evidence when required. Expert witness examples include capacity assessments under the Mental Capacity Act 2005 and psychiatric causation in personal injury claims.

• Capacity & best interests under MCA 2005
• Psychiatric injury causation in PI claims
• Fitness to plead in criminal proceedings
• Parenting assessments in care proceedings

3. CPR Part 35 Requirements

Our reports comply with Civil Procedure Rules Part 35, Practice Direction 35, and the Civil Justice Council 2014 Guidance. CPR 35.3 mandates that expert evidence must be independent and addressed to the court, not the instructing party. Members of our chambers disclose all material instructions and remain impartial throughout proceedings.

4. Report Preparation Stages

Our chambers coordinates a four-stage process: instruction receipt, medical records review, clinical assessment, and report drafting. Each stage follows CPR Part 35 protocols to ensure admissibility. Turnaround times are agreed at instruction and confirmed in writing.

Assessments are conducted at our consulting rooms or claimant’s home where clinically indicated. All reports undergo peer review by a second consultant before finalisation.

5. Joint Expert Meetings

Our chambers facilitates joint expert meetings under CPR 35.12 to narrow issues between parties. These meetings produce a joint statement for the court, identifying areas of agreement and dispute. Members of our chambers prepare agendas in advance and circulate draft statements within 14 days of the meeting.

6. Professional Body Standards

Our experts adhere to the standards of their respective professional bodies. Consultant psychiatrists are on the GMC Specialist Register with MRCPsych, while psychologists hold HCPC registration and BPS Chartered status. All members complete annual CPR Part 35 training.

• Royal College of Psychiatrists — www.rcpsych.ac.uk
• British Psychological Society — www.bps.org.uk

7. Instructions to Our Chambers

Instructions accepted by our chambers include letters of instruction, court orders, and joint instruction agreements. We require a signed expert witness agreement confirming compliance with CPR Part 35 and our chambers’ terms. Urgent instructions are prioritised with same-day acknowledgement.

Common instruction routes:

• Solicitor letter of instruction
• Court order under CPR 35.7
• Joint instruction agreement
• CICA scheme instructions

All instructions must specify the legal issue, claimant details, and required report format. We do not accept instructions directly from claimants.

8. Report Acceptance Criteria

Our reports are accepted by UK courts, the Criminal Injuries Compensation Authority, and local authority legal teams. Acceptance criteria include compliance with CPR Part 35, signed declarations of truth, and appendices listing qualifications and instructions received. Reports are peer-reviewed before submission.

9. Contact Our Chambers

To instruct an expert from our chambers, contact our clerking team with your case details and required timescales.

Our chambers accepts instructions in all UK jurisdictions. For urgent matters, call the number above to discuss availability.