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Expert witness first impressions

19 May 2023 / Mark Solon
Issue: 8025 / Categories: Features , Profession , Expert Witness
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Mark Solon provides a concise guide to early-stage expert reports
  • Practical tips for experts and instructing solicitors on early-stage advisory reports and screening reports.

As well as giving evidence at court and compiling expert reports, expert witnesses can also be asked to provide a brief advisory report or a screening report at an early stage.

What is a brief advisory report?

This is a short report provided by an expert after consideration of some, but not usually all, the material in the possible dispute. It is sought by instructing solicitors before proceedings are issued, when they are weighing up the merits of their client’s case. If an expert is instructed by a claimant, they will be asked to look at whether there is merit in the claim to warrant launching proceedings, and if by a defendant, to consider whether the client has a strong enough defence to the claim to warrant defending it.

Timing

The instruction will take place at the earliest stage of the litigation process, even before proceedings have been launched. In a civil action, a claimant

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