Expert Witness Services in Court of Protection Property & Affairs Matters

Posted:29th January 2021

At EMG solicitors, we have some of the most experienced Court of Protection lawyers in the UK in our team.

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

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.

When instructed by the claimant’s litigation lawyer, we help prepare the figures to include in the 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 also act on behalf of 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 or litigation friend contact Emma Gaudern or Jemma Morland at EMG Solicitors on T:0191 5006989

What services can we provide?

  • Provide expert witness statements for claimant lawyers outlining the professional fees and Court of Protection costs likely to be incurred – whether a lay or professional deputy is to be appointed
  • Provide expert witness statements for defendant lawyers that assess and comment on the reasonableness of a claim for professional fees and Court of Protection costs
  • Prepare informal assessments and expert witness reports on Court of Protection costs for defendant lawyers, where formal statements for service are not required
  • Act as a joint expert or litigation friend for either claimant or defendant• Attend court to provide evidence

To find out more, please contact Jemma Morland, Head of our Court of Protection team on 0191 500 6989 or email [email protected]