21 May Helpline Q&A Availability for Court / annual leave 06. Receiving Instructions, 14. Giving Oral Evidence, Availability for Court, annual leave, holiday It is common in my practice that I have to provide dates of availability for Court listings. I plan my leave around 12-18 months in advance so that I can book trips etc but also leave adequate space available for Court listings. I am currently dealing with an instructing solicitor who is insisting that holidays / leave are not a reason to be unavailable for Court. They have quoted the case of Matthews v Tarmac.
15 March Helpline Q&A We are reviewing our document/data retention policy and how long we can or should hold on to client data. What should experts do in this area? GDPR, 01. Starting your Expert Witness Business, 09. Records Assessments and Site Visits, Assessments We are reviewing our document/data retention policy and how long we can or should hold on to client data. What should experts do in this area?
19 December Helpline Q&A When and how can an expert withdraw from a claim? expert witness practice, how to withdraw from a claim, when to withdraw from a claim, 05. Rules and Regulations, 02. Setting Fees and Getting Paid, 06. Receiving Instructions
25 August Helpline Q&A Claimant has turned into Litigant in person – do I have to attend court and how do I ensure I get paid? Litigants in person, Duty to the court, payment, 02. Setting Fees and Getting Paid, 07. Working with Instructing Parties, 12. Experts Discussions and Joint Statements, 14. Giving Oral Evidence
10 May Helpline Q&A Commissioning a report from a third party expert on one of the issues the Expert Witness has been instructed to consider Report drafting, Expert opinion, Limits of expert opinion, 05. Rules and Regulations, 10. Report Writing, 06. Receiving Instructions, 07. Working with Instructing Parties Is it acceptable for an Expert Witness to commission a report from a third party expert on one of the issues the Expert Witness has been instructed on and then use the third party expert opinion in their report?
19 January Helpline Q&A Can I increase fees in a long-running case - and how should I go about it? Fees, Terms and conditions, Rates, 02. Setting Fees and Getting Paid Short Answer: It depends on your Terms and Conditions
19 August Helpline Q&A A Joint Meeting Agenda from the other side’s expert contains questions querying my expertise and suitability for the case Qualification, Credibility, Joint statement, 12. Experts Discussions and Joint Statements, 15. Criticism and Complaints How should I respond?
18 August Helpline Q&A I am planning to retire from expert witness work soon but have outstanding cases - what should I do? 18. Approaching Retirement Advice not just for medico-legal experts who are planning to retire.
12 April Helpline Q&A Do Expert Medical witnesses require a license to practice, even if they are retired from clinical practice? Medical expert, Retired from practice, 05. Rules and Regulations, 18. Approaching Retirement The view of the Expert Witness Institute is: Yes
12 April Helpline Q&A Can you advise the appropriate wording for the statement of truth at the end of the joint statement? Declaration, Joint statement, 12. Experts Discussions and Joint Statements I am currently producing a Joint Statement with another Expert.
12 April Helpline Q&A What are the guidelines for handing over my working notes to the police? Criminal, Working notes, forensic casework, 05. Rules and Regulations, 07. Working with Instructing Parties, 09. Records Assessments and Site Visits, Assessments Having completed a report for a criminal case an issue has been raised whereby the police require access to my working notes.
12 April Helpline Q&A What is the protocol for the format of Single Joint Expert Statements? Single joint expert, 05. Rules and Regulations, 10. Report Writing, 08. Being instructed as a Single Joint Expert There is no standard format
12 April Helpline Q&A How long after writing a report can an expert be asked to clarify items included in that report? CPR Part 35, Expert Report, 10. Report Writing, 11. Responding to questions This includes questions from the opposing solicitor.
12 April Helpline Q&A Please could you provide guidance for a definition of the phrase “reasonable need”? As stated in the agenda for joint expert discussions Joint expert discussion, 12. Experts Discussions and Joint Statements For a joint discussion with a counterpart expert witness the agenda states “Experts are reminded that the test by which the Claimant’s claims will be judged is one of reasonable need”.
12 April Helpline Q&A Is it not the duty of the court to permit disclosure of the report and not me? 05. Rules and Regulations, 07. Working with Instructing Parties, 11. Responding to questions Having prepared a report for a criminal case the ‘Probation Service’ has requested that the report be released including a signed consent form from the client.
12 April Helpline Q&A I have not received payment from my solicitor for my last three bills. How should I proceed in order to be remunerated? Terms of Engagement, Terms and conditions, Delayed payment, 02. Setting Fees and Getting Paid The solicitor has not received the funds from the client and therefore is delaying payment.
12 April Helpline Q&A Could you give me advice on the procedure for asking for direction from the court. CPR Part 35, Single joint expert, Instruction from solicitor, 05. Rules and Regulations, 08. Being instructed as a Single Joint Expert I'm an expert acting as a single joint expert on a case and the two solicitors do not agree what they require me to do.
12 April Helpline Q&A Should I be undertaking medical examinations during lockdown? Medical examinations, Covid-19 lockdown, 09. Records Assessments and Site Visits, Assessments Experts should always consult the latest Government guidance.
11 April Helpline Q&A Do I need to include a specific declaration in my report when performing virtual assessments? virtual assessments, 05. Rules and Regulations, 10. Report Writing, 09. Records Assessments and Site Visits, Assessments The agency I work with insists on very specific wording. And if it applies to virtual assessments, shouldn’t it apply to phone assessments as well?