The following PI & Clinical Negligence practice note Produced in partnership with Ian Huckstepp of IRH Solicitors provides comprehensive and up to date legal information covering:
Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of qualification. CPR 35 sets out the procedural rules relating to expert evidence. It is the duty of an expert to help the court on matters within their expertise and their duty to the court overrides any obligation to the party instructing or paying them.
In personal injury claims expert evidence is very important. A medical expert will give evidence about the injuries sustained in the accident. A non-medical expert can provide evidence about liability issues. The expert must understand the evidence and the particular issues to be addressed in the report and understand how these interact with the legal tests of liability, causation and quantum.
This Practice Note focuses on the provisions under the Pre-action protocol for personal injury claims. If a claim does not fall within that pre-action protocol, practitioners should refer to the provisions under the relevant protocol, for example the:
pre-action protocol for disease and illness claims
pre-action protocol for the resolution of clinical disputes
pre-action protocol for resolution of package travel claims
pre-action protocol for low value personal injury claims in road traffic accidents
pre-action protocol for low value personal injury (employers' liability and public liability) claims
For further guidance on obtaining medical records and expert evidence in relation to one
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