Treatment Needs & Costs
Expert Witness Reports
Our chambers prepares CPR Part 35-compliant treatment needs expert reports for personal injury and clinical negligence claims. These reports detail the claimant’s future psychiatric or psychological treatment requirements, cost projections, and rehabilitation pathways, supporting quantum assessments and joint expert discussions.
The quantum cornerstone for
future care claims.
Our chambers prepares treatment needs expert reports that quantify the future psychiatric or psychological care required by claimants in personal injury and clinical negligence litigation. These reports provide the evidential foundation for the Schedule of Loss, enabling solicitors to advance quantum claims under CPR Part 35.
Members of our chambers hold GMC Specialist Register or HCPC Chartered status and are instructed to assess the claimant’s clinical needs, recommended interventions, and associated costs. The report’s projections are grounded in clinical guidelines, NHS and private sector tariffs, and the expert’s independent opinion.
Three stages where this
report is essential.
Pre-litigation & Letter of Claim
Our treatment needs expert reports are commissioned at the pre-action stage to support the Letter of Claim under the Pre-Action Protocol. The report’s cost projections enable solicitors to quantify future losses before proceedings are issued, often funded under Conditional Fee Agreements or Legal Aid prior authority.
Directions & Schedule of Loss
The report is exchanged under the directions order and forms the basis for the Schedule of Loss and Counter-Schedule. It supports applications for permission to rely on expert evidence under CPR 35.4, ensuring the quantum case is built on robust, independent projections.
Joint expert discussion & trial
Our reports serve as the reference document for joint expert discussions under CPR 35.12 and the preparation of the joint statement. Where the case proceeds to trial, the report’s methodology and cost projections are scrutinised under cross-examination, requiring transparency and clinical rigour.
What the report contains,
section by section.
Expert qualifications & instruction
GMC Specialist Register or HCPC Chartered status, MRCPsych or BPS accreditation, and the expert’s medico-legal experience. The instructing party, the questions posed, and the documents reviewed are listed, ensuring compliance with CPR Part 35 and Practice Direction 35.
Clinical needs assessment
The claimant’s current psychiatric or psychological condition, diagnosed under ICD-11 or DSM-5-TR, and the treatment modalities clinically indicated. This section links the injury to the recommended interventions, such as CBT, EMDR, or psychiatric medication.
Treatment plan & duration
The recommended frequency, duration, and setting of treatment (e.g., weekly therapy for 18 months). Where residential or inpatient care is required, the rationale and expected outcomes are detailed, aligning with NICE guidelines or equivalent clinical standards.
Cost projections
Itemised costs for each treatment modality, based on NHS Reference Costs, private sector tariffs, or independent market rates. Where applicable, inflation adjustments and life expectancy considerations are included, supporting the quantum case under CPR Part 35.
Prognosis with & without treatment
The expected clinical trajectory with the recommended treatment and the likely outcome if treatment is not provided. This section informs the claimant’s future losses and is critical for negotiations or trial.
Assumptions & limitations
The clinical and evidential assumptions underpinning the report, such as the claimant’s engagement with treatment or the stability of their condition. Any limitations on the expert’s opinion are clearly stated, in line with CPR 35.3.
Declaration & statement of truth
The CPR Part 35 declaration of independence, the expert’s duty to the court, and the signed statement of truth. This section confirms compliance with the Civil Justice Council’s 2014 Guidance for the Instruction of Experts in Civil Claims.
How the assessment
is conducted.
Our members conduct assessments in accordance with CPR Part 35 and the Civil Justice Council’s 2014 Guidance. The methodology is documented transparently, enabling solicitors to demonstrate the report’s robustness in joint expert discussions or under cross-examination.
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01
Records review
Full review of GP, hospital, mental health, and therapy records to establish the claimant’s clinical history and prior treatment. Material entries are identified and referenced in the report, ensuring the assessment is evidence-based.
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02
Clinical interview
Structured interview with the claimant, typically lasting 1.5 to 3 hours, to assess current symptoms, functional impairment, and treatment history. The interview is trauma-informed and conducted at a pace appropriate to the claimant’s needs.
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03
Standardised instruments
Where clinically indicated, validated instruments such as the PHQ-9, GAD-7, or trauma-specific measures are administered. The selection and rationale are documented, supporting the diagnostic and treatment recommendations.
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04
Cost benchmarking
Treatment costs are benchmarked against NHS Reference Costs, private sector tariffs, or independent market rates. Where residential or specialist care is required, quotes from providers are obtained and referenced.
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05
Formulation & opinion
The clinical formulation links the claimant’s injury, current presentation, and treatment needs. The expert’s opinion on prognosis and cost projections is reasoned and aligned with the evidence, supporting the quantum case.
Every claim requiring
future care costs.
Our treatment needs expert reports are commissioned across personal injury and clinical negligence litigation, where the claimant’s future psychiatric or psychological care costs form a material part of the quantum case.
Questions from
instructing solicitors.
What is the typical turnaround for a treatment needs expert report?
Six to eight weeks from receipt of full records. The assessment is typically scheduled within four weeks, and the report is delivered within four weeks of the assessment. Court-deadline cases are prioritised, with expedited timetables agreed at intake.
Can the report include both psychiatric and psychological treatment costs?
Yes. Where the claimant requires both psychiatric and psychological interventions, our experts provide a unified treatment plan and cost projection. Separate reports are issued only where distinct disciplines are required for discrete aspects of the claimant’s care.
Are remote assessments acceptable for treatment needs reports?
Yes, where clinically appropriate. Secure video assessments are accepted by the courts and are suitable for many claimants. For complex presentations or where capacity is in issue, we recommend in-person assessments to ensure the accuracy of the clinical findings.
How are treatment costs calculated in the report?
Using NHS Reference Costs, private sector tariffs, or independent market rates. Costs are benchmarked against the most relevant source for the claimant’s required treatment, with inflation adjustments applied where necessary. Quotes from providers are obtained for specialist or residential care.
Will the expert attend joint expert discussions or trial?
Yes. Attendance at joint expert discussions under CPR 35.12, preparation of the joint statement, and trial attendance (in person or by secure video link) are all within the standard scope of the instruction. Response to Part 35 questions is similarly included.
Can the report be updated if the claimant’s condition changes?
Yes. Addendum reports are prepared where the claimant’s condition deteriorates or improves, or where new records become available. Addendum work is quoted separately and aligned with the original report’s methodology and cost projections.
Need a treatment needs expert
report for your case?
Send a brief case summary — claimant details, procedural stage, and any time-critical deadlines — and our chambers will confirm availability, scope, and timescales within one working day.