We have just completed the regular review of our Standard Expert Terms and Conditions of Engagement. The purpose of the Terms and Conditions is to help you ensure that you have appropriate contractual arrangements in place with the parties that instruct you.

While there are many respectable and legitimate expert witness agencies who provide brilliant support to the expert witnesses who work with them, the EWI has had continuing reports of the activities of some unethical agencies who prey upon experts who do not have a good understanding of expert witness work or who may be vulnerable to such approaches for other reasons. We do not want any expert to fall victim to an unscrupulous agency, so we have prepared a short guide setting out the red flags to watch out for in the approach of an unethical agency and, conversely, the sorts of positive signs to expect from a respectable and legitimate agency, including a quick checklist to complete. 

The issue in this judicial review did not turn on the expert evidence but the case illustrates the role of a medical reporting organisation (MRO) in a particular civil case and there are some general learning points.

Of note, the MRO did not arrange the correction of an erroneous date, it did not recognise how the evidence set out by the expert was seemingly insufficiently referenced and it did not recognise that there would be questions as to how some of the expert’s conclusions were reached.

Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council [2025] EWCA Civ 21

In the 9th episode of the Expert Matters Podcast, we look at how to become an Expert Witnesss. If you think expert witness work might be for you, don't miss the great advice in this month's episode where we talk to the wider EWI team on expert witness training, how to become an EWI member, and the key next steps to get your practice up and running, from setting up your business, terms and conditions, and insurance to sorting out your CV, marketing strategy and web presence.

In considering whether the claimant should be required to provide a breakdown of expert and medical agency fees, the judge decided to offer the claimant the option of either providing the breakdown of expert and medical reporting organisation fees, to enable an assessment of work of both the expert and the MRO, or not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

Many expert witnesses, primarily in medico-legal work, use a third-party organisation to help them in their practice. If you use an organisation which invoices the instructing solicitor for your services, you should be aware of legal developments which might affect the information that organisation needs to provide, in order to recover their bill as part of the legal costs recovered at the end of the case.

“Experts fees”