Disclosure Of Expert Witness Reports: Delay May Cost You

Expert witness reports are crucial in substantiating a personal injury claim; must be disclosed within the appropriate time required by court rules – even if you don’t like its contents. The specialist injury lawyers at ParrisWhittaker in Jamaica, TCI and the surrounding region have years of experience recovering compensation for injured clients.

A Scottish court has handed down a ruling that helpfully emphasises the need to disclose expert reports in a timely and compliant manner.  The decision has persuasive authority on the courts in the courts in this region.

Why have an expert report?

An individual who claims personal injury compensation following an incident will need to have a medical examination by a specialist who will then write a report on your injuries and compensation. The expert’s evidence is crucial to support your claim in recovering maximum compensation.

Once the report is received and disclosed to the other side, it is hoped it will lead to negotiations for an early settlement. The lawyers at ParrisWhittaker are experienced in securing fair settlements for our clients and avoiding expensive litigation.

Importantly, a medical expert’s overarching duty is to the court (not to the instructing party) and the court rules on disclosure (including the timetable) should be complied with.

They are expected to be independent, which means providing objective, unbiased opinion – which means that you or your lawyer may not agree with the contents of the report.  However, it should still be disclosed to the other side.

What happened in this case?

P was injured in a road traffic accident in Scotland. Though liability was promptly admitted, there was disagreement over the length of P’s recovery (which was complex) and, therefore, the value of her claim.

P obtained two orthopaedic reports and further neurology reports during a 10-month period up to September 2002 – but they were not disclosed when they were actually received. A settlement was eventually agreed in November 2022, but the defence argued that the expert reports should have been disclosed earlier and if they had been – the claim would have been settled earlier. On that basis, the defence argued that it should not be responsible for the litigation costs.

The sheriff emphasised that the court “expects timely disclosure of expert reports as a cornerstone of personal injuries procedure“ – as set out in the court rules and the pre-action protocol (through which the claim was pursued).

Here, there were no compelling reasons why P had not disclosed the medical reports in a timely way. Given the delays in disclosure, P’s costs were cut by 50%.

How can we help?

Our team is experienced in representing personal injury clients, including in the most complex of cases. If you have any questions concerning expert medical reports and the other party’s right to have those disclosed – it is important you speak with us for clear and robust advice.

For expert representation, contact the experienced personal injury litigation solicitors at ParrisWhittaker in Jamaica as early as possible. You can contact us at [  ]

¹Napier v AXA Insurance UK Plc [2023] SC EDIN 20