Frequently Asked Questions

Expert witness and quantum FAQs

What does a financial loss expert witness do in a negligence claim?

A financial loss expert witness independently quantifies the financial loss caused by the negligent act. This involves reconstructing past losses, modelling future losses, and producing a CPR Part 35 compliant expert report. The expert's duty is to the court, not to the instructing party.

What is loss of a chance in professional negligence?

Loss of a chance is used where the claimant cannot prove on the balance of probabilities what would have happened but for the negligence. The court assesses the probability of the favourable outcome and discounts the full financial loss accordingly. The expert quantifies the gross loss; that figure is then probability-weighted.

What are Ogden Tables and how are they used in loss of earnings calculations?

The Ogden Tables (Government Actuary's Department actuarial tables) are used in UK personal injury and clinical negligence proceedings to calculate multipliers for future loss of earnings and other recurring losses. The multiplier is applied to the net annual multiplicand. The appropriate table depends on the claimant's age, gender where relevant, and the applicable discount rate.

What is a Single Joint Expert (SJE) in negligence proceedings?

A Single Joint Expert is instructed by both parties jointly, or directed by the court, to provide one neutral quantum report. The SJE's duty is to the court. SJE appointments are common where proportionality requires a single financial expert on quantum rather than competing party experts.

What must a CPR Part 35 expert report contain?

Under CPR Part 35 and Practice Direction 35, an expert report must be addressed to the court; set out qualifications; state the substance of instructions; set out facts and assumptions; give reasoned opinion; summarise conclusions; confirm the duty to the court; and include a statement of truth.

When should solicitors instruct a financial loss expert?

Instruct when quantum is in dispute or needs to be established: after liability is admitted or likely, when schedules of loss require independent support, before Part 36 offers where quantum is material, when opposing expert evidence needs rebuttal, or when the court directs joint expert evidence. Early instruction can clarify heads of loss and proportionate methodology.

What is the difference between liability and quantum in negligence?

Liability concerns whether the defendant breached the duty of care and caused loss. Quantum concerns how much financial loss was caused. Negligence Loss Expert addresses quantum only: reconstructing and modelling financial loss on agreed or assumed facts, including medical or liability assumptions provided by other experts or the court.

What is a joint statement between expert witnesses?

After exchange of expert reports, experts may be directed to produce a joint statement identifying areas of agreement and disagreement. In quantum proceedings, the financial experts summarise agreed figures, disputed assumptions, and the reasons for disagreement. This narrows trial issues and supports settlement discussions.

Which jurisdictions do you cover?

We provide expert evidence for negligence proceedings in England and Wales, Scotland, and Northern Ireland. Reports are prepared to CPR Part 35 and Practice Direction 35 in civil proceedings in England and Wales, and to FPR Part 25 where family proceedings apply. Scottish and Northern Irish procedure may differ; we align format and duty to the forum instructed.

What heads of financial loss can be quantified?

Common heads include past and future loss of earnings, pension loss, wasted costs, loss of transaction value, loss of a chance, investment and pension transfer loss, business and consequential loss, and interest. The appropriate heads depend on the negligence type and the facts of the case.

How does a financial expert work with medical experts in clinical negligence?

Medical experts address causation, prognosis, and disability. The financial expert uses agreed or assumed medical findings to model past and future loss of earnings, pension loss, and related financial heads. Assumptions are stated explicitly in the report for scrutiny and joint expert discussion.

What is counterfactual portfolio analysis in IFA negligence?

The expert compares actual investment or pension product performance with a suitable counterfactual portfolio or benchmark. The difference, adjusted for tax and charges where relevant, represents the quantified loss subject to causation and mitigation arguments. Methodology and benchmark selection are disclosed in the report.

What is a Blamire award in pension loss claims?

A Blamire award is a capital sum representing lost pension rights, often used where defined benefit or defined contribution loss is quantified without full actuarial modelling. The financial expert works from pension statements and employment history and states assumptions clearly for disclosure.

Can you review an opposing party's quantum report?

Yes, through litigation support and advisory instructions. We review schedules of loss and opposing expert reports for methodological errors, unsupported assumptions, and arithmetical mistakes. Output may be an advisory memorandum for the legal team or a formal rebuttal report, depending on instruction.

How long does a quantum expert report take?

Turnaround depends on complexity, document volume, and urgency. Standard instructions are typically 10 to 15 working days from agreed scope and receipt of core documents. Express and urgent instructions are available subject to expert availability and conflict clearance.

What information should I include when instructing?

Provide the claim summary, pleaded or intended heads of loss, key documents (pleadings, medical reports where relevant, financial records, correspondence), trial or report deadlines, court and stage of proceedings, and whether a conflict check or NDA applies. The instruct form on this site captures these details for an efficient response.