ISSUE 53 Expert Witness Journal - Journal - Page 15
Comprehensive and Timely Expert
Witness Reports: A Guide for Solicitors
by Bindweep Kaur, Medical Expert Witness Alliance (MEWA) LLP www.mewa.org.uk
Expert Witness reports are an integral part of the
current landscape of legal proceedings within English
Law. They play a pivotal role in providing specialist
opinion on complicated matters to the judge and the
jury to aid them in their decision making as well as
provide solicitors and barristers with invaluable insights into their cases. The expert witness reports assist the court in making evidence based informed
decisions for fair and just outcomes.
derstandings or miscommunication which could lead
to needless delays in obtaining the expert witness
report.
2. Comprehensive Letter of Instructions (LOI)
The Letter of Instruction (LOI) serves as a blueprint
for the expert witness engagement process. It sets out,
among other details, precise instructions for the expert including context of the case, concise questions
to be answered as well as the funding available for the
expert witness report.
However, the solicitors and the barristers are often
faced with challenges while obtaining timely and comprehensive expert witness reports. There are various
factors that play a role in the delays in obtaining the
expert witness reports and this article aims to explore
the common causes of such delays with an aim to
provide solicitors with a roadmap to navigate these
challenges effectively.
The LOI must provide clear, concise and comprehensive instructions to the expert regarding what the
specific questions to be answered by the expert and
specific documents which need to be considered by
the expert. Unclear instructions within the LOI can
contribute significantly to delays in the expert witness
report process. Ambiguous instructions also lead to
complaints as the expectations of the solicitors and understanding of the expert are not aligned. This can
lead to further delays in obtaining a comprehensive
expert witness report that can be used to strengthen
the case.
1. Effective Communication
Prompt communication is a key aspect of effective
engagement with experts and expert witness report
providers. Throughout the course of the case, there
are various communications which require a prompt
response from solicitors such as ‘Emails requesting information to provide precise quotes’, ‘Emails providing quotes and CVs’, ‘Emails to determine whether
the solicitors are willing to proceed with the quotes’,
‘Emails requesting information for their client’s availability’ etc. Swift responses to these communications
can significantly reduce the delays in providing an
expert witness report in the timeframes required.
Delays may also arise if there are ambiguities or
incomplete information regarding funding within the
LOI, especially in family court cases or legal aid
funded complex cases. LOIs which explicitly outline
funding-related aspects; in particular, the funding
confirmation of shortfalls being picked up by one of
the parties in complex legal aid funded cases in family law, can significantly accelerate the process of
obtaining expert witness reports in a timely manner.
Prompt communication not only sets a positive tone
for collaboration but also expedites the overall process. Solicitors, by being proactive in responding to
quotes and other emails from experts, lay the foundation for effective engagement with potential expert
witnesses. Prioritising a response to these emails would
ensure a more seamless and timely submission of the
expert witness reports.
Ensuring that the LOI contains clear concise instructions with specific questions to be answered as well as
clear funding details minimises delays and misunderstandings while enhancing the commitment of the expert witness to the case. By actively engaging in
refining the instructions within the LOI, solicitors can
pave the way for a smoother collaboration with expert
witnesses and subsequently, expediate the expert
witness report process.
In addition to the above, a thorough review of emails/
communications received by solicitors is pivotal to the
expert witness report management process. These
emails contain numerous CVs and quotes and provide precise details of the expert’s qualifications and
timescales as well as details of special conditions applicable to quotes, which are paramount for the solicitors’ vetting of CVs and quotes. A comprehensive
understanding of the proposed expert's background,
qualifications and terms is essential for making informed decisions while selecting an expert.
3. Timely Document Submission
To provide a comprehensive expert witness report,
experts need access to a number of documents, in addition to LOI. These can include medical documents,
social care documents, imaging as well as reports from
other experts if available. It’s imperative for the experts to
receive all the documents a few weeks before the report is
due, depending on the requirements of an expert.
Delays in providing the required documents to
experts can impede the progress and timely submission of an expert witness report. It is imperative that
A structured approach to reviewing the emails and
the various contents would facilitate an efficient
selection process and reduce the likelihood of misunEXPERT WITNESS JOURNAL
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