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PRECEDENTS
Dear [insert expert’s name] Re: [insert name of client and the client’s date of birth, (address and telephone number should be provided separately for the appointment arrangements)] Date of accident: [insert date of accident] Thank you for agreeing to report on the Claimant’s condition and prognosis in this case. We are acting for the above named in respect of injuries sustained in an accident which occurred on the above date. This is a personal injury claim in which we consider that the value of the case is likely to be between £25,000 and £100,000 and we believe the court will allocate the case to the intermediate track. As such, your expert report should be limited to 20 pages in length, excluding any necessary photographs, plans, CV and academic or technical articles attached to the report. Please ensure that due consideration is given to the appendices to your report. In particular, there should be a clear reference to the academic papers or literature upon which you rely when forming your opinion, particularly where you
PRECEDENTS
1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to [divorce OR dissolution] proceedings between [client’s full name], born on [insert date of birth] and [spouse/civil partner’s full name], born on [insert date of birth]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse/civil partner’s solicitors], [telephone number and email of spouse/civil partner’s solicitors] on behalf of [spouse/civil partner’s full name], but on the basis that you will provide an expert opinion independent of each of them. [At the first appointment on [date of first appointment], District Judge [name] sitting in the Family Court at [location] made the following order [insert exact wording from order].] The parties have agreed that you should be instructed on a joint basis as the single joint expert. Your scope of instructions is as set out [in the order dated [date of first appointment order] and ]in
PRECEDENTS
1 Introduction This is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name], sitting at the Family Court at [location], made the following order: [insert exact wording from order]. The scope of your instructions is set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, either on a preliminary basis or on a more extended basis, please contact both solicitors by joint [email OR
PRECEDENTS
1 Introduction This is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the First Appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The scope of your instructions is set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, either on a preliminary basis or on a more extended basis, please contact both solicitors by joint [email OR letter]. Please do not discuss any issues
PRECEDENTS
1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The parties have agreed that you should be instructed on a joint basis as the single joint expert. Your scope of instructions is as set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should
PRECEDENTS
1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The parties have agreed that you should be instructed on a joint basis as the single joint expert. Your scope of instructions is as set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss
PRECEDENTS
1 Introduction This letter is written as a joint instruction to you as an expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The parties have agreed that you should be instructed on a joint basis as the single joint expert. Your scope of instructions is as set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss
PRECEDENTS
Dear [insert expert’s name] Claimant’s name: [insert Claimant’s full name including title] Claimant’s address: [insert address] Claimant’s date of birth: [insert date of birth] Date of alleged negligent treatment: [insert date] I am acting for the above named in connection with injuries received as a result of clinical negligence which occurred on the above date. Thank you for agreeing to provide a report on breach of duty/causation/condition and prognosis [delete as appropriate] in this case. You should ensure that you have fully understood any clinical guidance that applies to the case and have the relevant facts required to apply the guidance correctly. Please ensure that you are aware of part 35 of the CPR and the Practice Direction Part 35 and the duties and requirements applicable to experts giving expert evidence. In that respect I would refer you to the appendix to this letter of instruction. Your role is to assist the court by providing objective, unbiased opinions on matters within your expertise, and considering all material facts, including those which might detract from your opinions. You
PRECEDENTS
Dear [insert expert’s name] Claimant’s name: [insert Claimant’s full name including title] Claimant’s address: [insert address] Claimant’s date of birth: [insert date of birth] Date of alleged negligent treatment: [insert date] I act for the above named in connection with injuries alleged to have been sustained as a result of clinical negligence which occurred on the above date. Thank you for agreeing to provide a report on condition and prognosis in this case. Please ensure that you are aware of Part 35 of the CPR, the Practice Direction to Part 35 and the duties and requirements applicable to experts giving expert evidence. In that respect I would refer you to the appendix to this letter of instruction. Your role is to assist the court by providing objective, unbiased opinions on matters within your expertise and to consider all material facts, including those which might detract from your opinions. You should make it clear: • when a question or issue falls outside your expertise • when you are not able to reach a definite opinion,
PRECEDENTS
Dear [insert expert’s name] Claimant’s name: [insert the Claimant’s name] Claimant’s address: [insert the Claimant’s address] Claimant’s date of birth: [insert date of birth] Date of alleged negligent treatment: [insert date of alleged negligent treatment] [I act for the claimant in relation to a claim for damages for treatment they received under the care of [insert name] on [insert date OR between [insert date] to [insert date]]. OR I act for the defendant
PRECEDENTS
Dear [insert expert’s name] Claimant’s name: [insert the Claimant’s name] Claimant’s address: [insert the Claimant’s address] Claimant’s date of birth: [insert date of birth] Date of alleged negligent treatment: [insert date of alleged negligent treatment] [I act for the claimant in relation to a claim for damages for treatment they received under the care of [insert name] on [insert date OR between [insert date]
PRECEDENTS
Dear [insert name] Claimant’s name: [insert the Claimant’s name] Claimant’s address: [insert the Claimant’s address] Claimant’s date of birth: [insert date of birth] Date of alleged negligent treatment: [insert date of alleged negligent treatment] [I act for the claimant in relation to a claim for damages for treatment they received under the care of [insert name] on [insert date] or between [insert date] to [insert date]. He/she suffered [from injury]. OR I act for the defendant in relation