Expert Witness Services in Court of Protection Health and Welfare Matters

Posted:12th January 2021

At EMG solicitors, we have some of the most experienced Court of Protection lawyers in the North East in our team, led by Jemma Morland and Emma Gaudern.

We’re regularly called upon by lawyers to give accurate expert witness statements on behalf of both claimants and in both personal injury and medical negligence cases in this complex and challenging area of work. We advise on future Court of Protection costs for the appointment of a professional deputy to act throughout the lifetime of a claimant.

Court of Protection – Health and Welfare costs

It’s become increasingly necessary for consideration to be given 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 costs 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.

The importance of a professional deputy

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).

What services can EMG provide?

The team can provide expert witness input regarding Court of Protection and deputyship costs, to include both written statements and evidence at trial or tribunal. 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.

Contact EMG’s Expert Witness team

To find out more 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 Jemma Morland, Head of our Court of Protection team or Eilish Ferry-Kennington, Associate Solicitor. The team can provide expert witness input regarding Court of Protection and deputyship costs, to include both written statements and evidence at trial or tribunal.