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Produced in partnership with Marcus Weatherby of Pattinson Brewer
Checklists

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Produced in partnership with Marcus Weatherby of Pattinson Brewer

Checklists
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Experts duties and obligations

StageCheckpointPractical pointsCPR /PD or Guidance applicableCaselaw if relevant
Prior to instructionIs a report needed?
  1. •

    will it assist the court?

  2. •

    does expert have the necessary knowledge and expertise?

  3. •

    reliable body of evidence to underpin the report?

  4. •

    is expert aware of their duties to the court, their need to keep to deadlines and provide costs budgeting information?

  5. •

    is expert still in active practice?

  6. •

    do they respond promptly to emails?

—Guidance for the instruction of experts in civil claims

—Civil Justice Council Guidance		See Kennedy v Cordia Services [2016] UKSC 6
  1. •

    will the skilled evidence assist the court in the task ahead?

  2. •

    does witness have necessary knowledge and expertise?

  3. •

    is witness impartial in assessment of evidence?

  4. •

    is there a reliable body of opinion underpinning their opinion?

Is funding body aware of need for instruction and likely cost?
Is it a legally aided matter?
  1. •

    expert to give assessment of likely cost

  2. •

    LAA prior authority obtained?

  3. •

    within maximum rate?

Competence of expert
  1. •

    in active clinical practice?

Marcus Weatherby
Marcus Weatherby

Pattinson Brewer

Marcus is a partner at Pattinson and Brewer Solicitors specialising in serious injury work for Claimants. He has considerable experience acting in all types of personal injury work including clinical negligence, major catastrophic injury/disability, and notably spinal injuries. He settled a spinal case in 2012 for £4.1 million.

Marcus has a particular interest in industrial disease claims, acting for victims of asbestosis and mesothelioma.

Reported Court of Appeal cases include Anderson v Newham College of Education on contributory negligence.

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Jurisdiction(s):
United Kingdom

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