Expert Witness Engagement Letter Template for England and Wales

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Key Requirements PROMPT example:

Expert Witness Engagement Letter

"I need an Expert Witness Engagement Letter for a medical negligence case, where the expert needs to review patient records and provide testimony by March 2025, with specific provisions for data protection and patient confidentiality."

Document background
Expert Witness Engagement Letters are essential documents in the English and Welsh legal system, used whenever expert opinion is required in legal proceedings. The letter serves as a formal contract between the instructing party and the expert witness, clearly defining the scope of work, responsibilities, and terms of engagement. It must comply with Civil Procedure Rules Part 35 and related Practice Directions, ensuring the expert understands their primary duty to the court. The Expert Witness Engagement Letter typically includes details about confidentiality, fees, timelines, and specific instructions regarding the expert opinion required.
Suggested Sections

1. Identity and Contact Information: Expert's details, instructing party's details, and case reference

2. Case Background: Brief description of the case and context for the expert opinion

3. Scope of Instructions: Detailed outline of what expert opinion is required and specific questions to be addressed

4. Expert's Duties: Statement of duties to the court and reference to CPR Part 35 obligations

5. Fees and Payment Terms: Hourly rates, estimated costs, payment schedule and terms

6. Timelines: Key dates, deadlines, and court dates if known

Optional Sections

1. Conflict Check Confirmation: Confirmation of no conflicts of interest, used when specifically requested in complex cases or where multiple parties are involved

2. Document Handling Protocol: Specific instructions for handling sensitive documents when dealing with confidential or sensitive information

3. Travel Requirements: Details of any required site visits or court appearances when physical presence or site inspections are needed

Suggested Schedules

1. Expert's CV: Current curriculum vitae showing qualifications and experience

2. Fee Schedule: Detailed breakdown of fees and charges

3. List of Documents Received: Inventory of all documents provided for review

4. CPR Part 35 Declaration: Standard form expert declaration as required by courts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Civil Procedure Rules Part 35: Primary rules governing expert witnesses in civil proceedings, including duties to the court, form of expert evidence, and requirements for expert reports

Practice Direction 35: Supplementary guidance to CPR Part 35, providing detailed instructions on expert evidence procedures and requirements

Expert's Declaration Form N35: Mandatory form containing the expert's statement of truth and declaration of understanding of their duties to the court

Criminal Procedure Rules Part 19: Rules governing expert evidence in criminal proceedings, including requirements for expert reports and duties of experts

UK General Data Protection Regulation: Legislation governing the processing and handling of personal data, which must be considered when handling case-related information

Data Protection Act 2018: UK's implementation of data protection standards, supplementing the UK GDPR and providing specific provisions for legal proceedings

Civil Evidence Act 1968: Legislation governing the admissibility of evidence in civil proceedings, including expert evidence

Civil Evidence Act 1995: Updated provisions regarding civil evidence, including aspects of expert testimony and hearsay evidence

Academy of Experts Code of Practice: Professional standards and ethical guidelines for expert witnesses, providing best practice framework

Expert Witness Institute Code of Practice: Professional standards and conduct guidelines for expert witnesses, ensuring quality and reliability of expert evidence

The Ikarian Reefer Principles: Key case law establishing fundamental duties of expert witnesses, including independence, objectivity, and scope of expertise

Kennedy v Cordia Guidelines: Case law providing guidance on the admissibility and assessment of expert evidence, including qualifications and reliability

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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