Condition & Prognosis
Expert Witness Reports
The standard psychiatric report for abuse injury claims — addressing diagnosis, causation, severity, treatment received and the expected future course of the claimant’s psychiatric injury. Prepared in compliance with CPR Part 35, Practice Direction 35 and the Civil Justice Council’s 2014 Guidance for the Instruction of Experts.
The evidential anchor for
almost every abuse claim.
The Condition & Prognosis report is the single most frequently commissioned format in abuse litigation. It establishes the recognised psychiatric injury, addresses causation against the index abuse, and sets out the expected future course of the claimant’s condition with and without further treatment.
On the strength of this report the court forms its view on general damages, the parties build the Schedule of Loss, and the claim either resolves at JSM or proceeds to trial. The depth and reasoning of the C&P report frequently determines the case — particularly where causation or apportionment is contested by the defendant’s expert.
Three points in a claim where
this report is decisive.
Pre-action stage
To support the Letter of Claim under the Pre-Action Protocol — establishing that the claimant has a recognised psychiatric injury and articulating the causation case before proceedings are issued. Frequently funded under Conditional Fee Agreement disbursement clauses or through Legal Aid prior authority.
Allocation & directions
The principal expert evidence relied upon at allocation. The report is exchanged with the defendant under the directions order, supports any application for permission under CPR 35.4, and forms the foundation for the Schedule of Loss and Counter-Schedule.
Joint discussion & trial
The reference document for the joint expert discussion and joint statement under CPR 35.12 — and, if the case proceeds to trial, the basis on which the expert’s oral evidence is given. The clarity and reasoning of the report directly affects the witness’s resilience under cross-examination.
What the report contains,
section by section.
Expert qualifications & instruction
GMC / HCPC registration, Specialist Register entry, MRCPsych or BPS Chartered status, the medico-legal experience profile of the expert, the instructing party, the questions posed and the documents reviewed at the date of the report.
History & background
Personal, social, educational, occupational and psychiatric history before the index abuse — establishing the pre-morbid baseline against which the abuse-related injury is measured.
Account of the index abuse
The claimant’s own account of the abuse, recorded in their words at the assessment, with the expert’s clinical observations on the manner and consistency of disclosure where relevant to the diagnostic and causation reasoning.
Mental state examination & findings
The clinical examination conducted at the assessment, the standardised instruments administered (where indicated), and the diagnostic findings under ICD-11 or DSM-5-TR with the reasoning for any differential diagnosis.
Opinion on causation
The expert’s reasoned opinion on the contribution of the index abuse to the claimant’s current psychiatric state — addressing other adverse stressors expressly, with apportionment where the evidence permits and clear identification of any limits on the analysis.
Treatment & prognosis
The treatment received to date, the treatment indicated going forward (modality, frequency, duration, cost), and the expected prognosis with and without that treatment — informing the future losses element of the quantum case.
Declaration & statement of truth
The CPR Part 35 declaration of compliance with the expert’s duties, signed statement of truth, confirmation of independence and the expert’s acknowledgement of the overriding duty to the court under CPR 35.3.
How the assessment
is actually conducted.
The methodology section is one of the first to be tested in cross-examination — and one of the most frequently picked apart by Part 35 questions. Our experts document each step transparently, so the reasoning can be tracked from instruction through to opinion.
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01
Records review
Full review of GP, hospital, mental health, social services and educational records as relevant — with material entries identified expressly in the report body.
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02
Structured clinical interview
Trauma-informed interview at a venue and pace appropriate to the claimant — typically 2 to 4 hours, with breaks structured around the claimant’s wellbeing.
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03
Standardised instruments
Where clinically indicated, instruments such as the IES-R, PCL-5, BDI-II, BAI or trauma-specific measures are administered — selection and rationale documented in the report.
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04
Symptom validity considerations
Where defence raises concerns or the records suggest inconsistency, symptom validity is addressed transparently — without crossing into the impermissible territory of credibility findings reserved to the court.
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05
Formulation & opinion
The clinical formulation linking the abuse, the claimant’s pre-morbid baseline, and the current presentation — leading into the reasoned opinion on diagnosis, causation and prognosis.
Every category of abuse claim
requires this format.
Condition & Prognosis is the default report format across the full range of abuse litigation — civil claims, CICA applications, redress scheme submissions and Court of Protection capacity proceedings.
Questions from
solicitors we work with.
What is the typical turnaround for a Condition & Prognosis report?
Most instructions are allocated to an expert within 48 hours and the assessment is offered within four to six weeks of full records being received. The report is typically delivered within four weeks of assessment. Court-deadline cases are prioritised and an expedited timetable is agreed at intake.
Can a single report cover both Condition & Prognosis and Quantum & Care Needs?
Often, yes — provided the same expert holds the appropriate qualifications. Where care needs are particularly complex, or where a discipline outside psychiatry is required (for example case management or educational psychology), we coordinate the additional input but issue separate reports.
Are remote assessments acceptable for this report format?
Where clinically appropriate, yes. Secure video assessment is well-established and accepted by the courts where the expert considers it suitable for the case. For complex trauma presentations, very young claimants or matters where capacity is in issue, we typically recommend in-person assessment.
How are fees structured for a Condition & Prognosis report?
Fees are quoted at intake and structured either as a fixed fee or on an hourly basis depending on complexity. Fixed fees are available for the majority of standard instructions. Legal Aid Agency prior-authority quotations are structured to fit within LAA costs limits where applicable.
Will the expert respond to Part 35 questions and joint discussions?
Yes. Response to Part 35 questions under CPR 35.6, attendance at joint expert discussions under CPR 35.12 and preparation of the joint statement are all within the standard scope of the instruction. Trial attendance — in person or by secure video link — is similarly included where the expert is required to give oral evidence.
Can the report be updated if the claimant’s condition changes?
Yes. Addendum reports are commonly required where the claimant’s condition deteriorates or improves, where new records become available, or where the defendant’s expert raises matters requiring response. Addendum work is quoted separately at the point it is instructed.
Need a Condition & Prognosis report for your case?
Send a brief case summary — claimant, alleged abuse, procedural stage and any time-critical deadlines — and our panel will confirm availability, scope and timescales within one working day.