Expert Witness Services
Emma Gaudern is often instructed by lawyers acting on behalf of both claimants and defendants to provide an expert witness statement, in both personal injury and medical negligence cases, detailing the costs of a professional deputy to act throughout the lifetime of the claimant.
Following the case of Eagle v Chambers, the court has acknowledged the importance of appointing a professional deputy in significant damages claims. We often advocate the use of an experienced professional deputy in such matters, preferably from the outset, to ensure protected parties’ financial affairs are appropriately managed (please click here for more information on our Professional Deputyship Services).
When instructed by the claimant’s litigation lawyer, we help prepare the right figures to put into a schedule of loss and properly quantify the Court of Protection fees that are payable in a case. We have seen schedules which completely undervalue a client’s claim in this regard, and this can seriously prejudice the claimant in the future. Schedules in Court of Protection cases can extend to £200,000 or significantly more and therefore it is important that they are valued properly to ensure that the claimant’s interests are fully protected. If a Court of Protection claim is undervalued, and the claimant requires the service of a deputy for their lifetime, this will result in their other special and general damages being used to pay for the ongoing deputyship costs. This will then limit the funds that can be utilised elsewhere for care, rehabilitation and accommodation, amongst others.
In addition, we act on behalf of several defendants in examining the witness statement put forward by the claimant’s expert in relation to Court of Protection fees to make sure it is reasonable and fair.
If you would like to speak to one of our team regarding the making of a Court of Protection costs witness statement from either a claimant’s or a defendant’s perspective (or acting as a joint witness), please contact us.
To see a copy of Emma Gaudern’s CV in relation to Expert Witness work, please click here.
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Ursula spoke at great length with me offering advice all the way. She was a great help. Not many would have been as engaging, or helpful. Contacting a solicitor can be a daunting experience but Ursula was really friendly.
Hi Julia. Thank you so much for all your efforts to help me . I have to say this would not have happened without you! You are all an amazing team and I really feel you all care !! So thankful to pat for recommending you all , she’s such a lovely lady . Our house is beautiful and we are on cloud 9! And more to the point, I’m finally rid of that bully for good! I would highly recommend you and your team to anyone! Thanks a million! JW.
I would like to say a sincere thanks to Jemma and EMG for helping me through a difficult time with a long term tenant who, through ill health was unable to carry on paying the rent and has since moved on to long term care, via the court of protection.
If Jemma hadn’t become involved and guided me through the difficult procedures to recover the arrears and regain the possession, I think we may have been struggling through without resolution for many months or even years.
I would certainly recommend Jemma and EMG to others in this position as you get the feeling that they really do care about your problems, but also in a very professional manner too.
“Thanks to Sam, I feel like a weight has been lifted off my shoulders. Thank you again for your time. I certainly will recommend you and EMG for your professionalism and your kindness.” D. Rutter
“ Jemma – I just wanted you know how grateful I am for all your help and assistance at the tribunal, also your concern and caring manner you always have for us all.”
Thank you also for Richard, 100% agree with all your past clients, he so easy to work with, keeps you updated, fast and in general made the whole process (almost; as much as can be when buying a house 😉) stress free!
Paul is so pleased with all of the support you have been able to offer up during the purchase process.
He is impressed by the way that you are free to help him and talk matters through. He also commented on how happy you always sound as well.
“Well I finally did it! I am now a very proud and probably eternally skint home owner!
Thanks to my Mam and Dad for their help and support through it all, I couldn’t have done it without them!! And Callum and EMG Solicitors you’ve been amazing”
“We are extremely appreciative of your highly professional and kind service; interacting with you has been a pleasure.” – Mr A Sokolowski