Expert Witness Services
Emma Gaudern and Jemma Morland are 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.
It has become increasingly necessary for consideration to be given to potential costs in the Court of Protection arising out of health and welfare matters. Eilish Ferry-Kennington holds Law Society Accreditations in Mental Capacity (Welfare) and Mental Health. She is experienced in Court of Protection health and welfare matters and has provided expert witness statements in relation to likely future costings in the Court of Protection. Eilish can report on where costs are likely to be incurred and what could be considered a reasonable amount to recover.
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.