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Questions and answers

Questions and Answers

Before contacting the EWI Helpline, have a look at the questions asked by fellow members, you may find an answer to your query:

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?

15 March 2024

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?

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?

When and how can an expert withdraw from a claim?

Claimant has turned into Litigant in person – do I have to attend court and how do I ensure I get paid?

Commissioning a report from a third party expert on one of the issues the Expert Witness has been instructed to consider

Can I increase fees in a long-running case - and how should I go about it?

19 January 2023

Can I increase fees in a long-running case - and how should I go about it?

Short Answer: It depends on your Terms and Conditions

A Joint Meeting Agenda from the other side’s expert contains questions querying my expertise and suitability for the case. How should I respond?

I am planning to retire from expert witness work soon but have outstanding cases - what should I do?

18 August 2022

I am planning to retire from expert witness work soon but have outstanding cases - what should I do?

Advice not just for medico-legal experts who are planning to retire.

Do Expert Medical witnesses require a license to practice, even if they are retired from clinical practice?

Can you advise the appropriate wording for the statement of truth at the end of the joint statement?

12 April 2022

Can you advise the appropriate wording for the statement of truth at the end of the joint statement?

I am currently producing a Joint Statement with another Expert.

What are the guidelines for handing over my working notes to the police?

12 April 2022

What are the guidelines for handing over my working notes to the police?

Having completed a report for a criminal case an issue has been raised whereby the police require access to my working notes. 

What is the protocol for the format of Single Joint Expert Statements?

How long after writing a report can an expert be asked to clarify items included in that report?

12 April 2022

How long after writing a report can an expert be asked to clarify items included in that report?

This includes questions from the opposing solicitor.

Please could you provide guidance for a definition of the phrase “reasonable need”? As stated in the agenda for joint expert discussions

12 April 2022

Please could you provide guidance for a definition of the phrase “reasonable need”? As stated in the agenda for joint expert discussions

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”.

Is it not the duty of the court to permit disclosure of the report and not me?

12 April 2022

Is it not the duty of the court to permit disclosure of the report and not me?

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.

I have not received payment from my solicitor for my last three bills. How should I proceed in order to be remunerated?

12 April 2022

I have not received payment from my solicitor for my last three bills. How should I proceed in order to be remunerated?

The solicitor has not received the funds from the client and therefore is delaying payment. 

Could you give me advice on the procedure for asking for direction from the court.

12 April 2022

Could you give me advice on the procedure for asking for direction from the court.

 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.

Should I be undertaking medical examinations during lockdown?

12 April 2022

Should I be undertaking medical examinations during lockdown?

Experts should always consult the latest Government guidance.

Do I need to include a specific declaration in my report when performing virtual assessments?

11 April 2022

Do I need to include a specific declaration in my report when performing virtual 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?

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Advice notes are provided to members of the Expert Witness Institute in support of their work. They represent the Institute’s view of good practice in a particular area, and members are not obliged to follow them. They do not constitute legal or professional advice and should not be relied upon as a substitute for it. Whilst care has been taken to ensure that they are accurate, up to date, and useful, The Expert Witness Institute will not accept any legal liability in relation to them. If specific advice or information is required, then a suitably qualified professional should be consulted.