Expert Witness Journal Issue 67 June/July 2026 - Flipbook - Page 11
information derives, providing con昀椀rmation that what
the relevant information consists of should ultimately
be a matter for the relevant expert to determine when
undertaking the assessment, and a reminder of the
importance that the expert is not an arbiter of fact.
agreement is not possible, a COP9 application will need
to be issued setting out the issue and the parties’ competing
positions with a draft order attached. This will enable the
court, if appropriate, to determine the issue on the papers.
(5) Con昀椀rmation as to whether the proceedings are
in public or private and details of any Transparency
Order in place.
17. If an expert is going to give oral evidence at a hearing,
they should be provided with the following in advance of
the hearing by the lead instructing party:
(6) Details of any person(s) the parties consider the
expert should or may meet with, and remind the expert
of the importance of there not being any unrecorded/
informal discussions.
(i) An updated court bundle at the same time as the bundle
is lodged with the court.
(ii) A list of updating documents that have been 昀椀led
since their instruction, which should highlight the speci昀椀c
documents that the parties consider that they should review
in advance of the expert giving oral evidence.
(7) The letter should clearly identify timescales for the
report, dates of hearings/oral evidence, con昀椀rmation
of who the report will be disclosed to, and a reminder
about the ability to pose questions of clari昀椀cation (rule
15.7. COPR 2017). It should also contain information
about the expert’s fees.
(iii) Any further ‘loose leaf’ documents 昀椀led immediately
prior to the hearing, that the parties will likely refer to in
the course of their questioning of the expert.
The precedent letter of instruction on the Court
of Protection Handbook website has been (lightly)
amended to respond to the observations of Theis J,
and also to add a ‘red 昀氀ag’ around the use of arti昀椀cial
intelligence, an issue which is raising increasing
concern, in particular in the context of assessing
capacity.
15. Questions to the expert after the 昀椀ling of their report
should only be done in accordance with rule 15.7(2) COPR
2017 or by order of the court (rule15.7(3) COPR 2017).
In accordance with rule 15.7(2)( c) COPR 2017, any such
questions must be for the purposes of clari昀椀cation only.
16. In addition to ensuring experts have all the relevant
documents at the point of their instruction, the parties
should keep under active review what further evidence
or documents should be sent to the expert with a suitable
covering message identifying the relevant documents. If
Visit:
courtofprotectionhandbook.com/precedents/
Mr Daniel Lewis
Dr Ruth Mason
Consultant Orthopaedic Surgeon
Consultant Obstetrician
MBBCh, MRCS, FRCS Ed (Tr & Orth)
MD, FRCOG
I am a Consultant Orthopaedic Surgeon based in South Wales. I have over 15 years’
experience of both elective and general trauma orthopaedics. I personally see approximately
2000 patients in the outpatient setting annually, with a wide variety of orthopaedic
complaints and injuries.
Ruth started preparing medico-legal reports for PMS in 2016
and has prepared over 150 reports on clinical negligence in
Obstetrics, as well as giving evidence in court on 12 occasions.
She currently prepares 40 reports per year, including coroner’s
inquests and fitness to practice cases
My areas of expertise include general musculoskeletal injuries, as well as upper and lower
limb trauma. My specialist area of interest is lower limb trauma, especially that of the knee.
I have been providing expert medico-legal reports for over 10 years. I currently provide
approximately 150 reports a year.
Reports are 80% claimant, 20% defendant. Appointments are usually available within
2 weeks of instruction. My clinic venues are located in Cardiff and Llwynypia in the
Rhondda. Reports are usually completed within 2 weeks from all records being received.
I am happy to provide remote/ virtual consultations on request.
I have completed a Medico Legal Expert Witness course (Specialist info).
I maintain regular Medico Legal CPD. I am MedCo accredited, and happy to provide
reports through the portal.
l
Consultant Obstetrician at University Hospitals, Sussex
since 2010, becoming Labour Ward Lead.
l
Special expertise in Obstetrics and Feto-Maternal medicine,
including ultrasound scanning of the fetus.
l
Expert witness for HM Coroner in Surrey on a series of
Neonatal deaths, giving evidence in court.
l
Reviewed all the maternity protocols to obtain CNST Level 3
in 2013.The maternity unit was designated "outstanding" by the
CQC in 2016.
l
Her main interests are in complex pregnancies, including twins, and
the management of labour. Antenatal clinic for mums with mental
health illnesses.
I have experience of giving evidence as an expert witness in court, following submission of
a personal injury report.
I have full administrative/ secretarial support Monday to Friday, 8am to 4pm.
For further information please contact my medicolegal administrator Natalie Roberts on
08445 617152, or medicolegal@csortho.co.uk.
Contact Details:
Website: www.cardiffsportsorthopaedics.co.uk
Cardiff Sports Orthopaedics
Spire Hospital Cardiff, Croescadarn Road,
Cardiff, CF23 8XL
Area of work: South Wales and surrounding areas
EXPERT WITNESS JOURNAL
Medico-legal secretary; Alayne Fawkes
Mobile: 07506 173663
Email: pms@pypermedical.co.uk
Website: www.pypermedical.co.uk
Hareswith Cottage, West Chiltington Road, Storrington, West Sussex, RH20 4BP
9
JUNE 2026
