Claimant or Defendant: Why Balanced Expertise Matters in Expert Witness Reports

When instructing a care expert witness, what do you look for? Is it their knowledge, their experience, or a combination of both? Does their balance of work for claimant and defendant cases matter as much as their expertise?

Recent legal judgments, such as Muyepa v Ministry of Defence (2022) and Scarcliffe v Brampton Valley Group Ltd (2023) highlight the growing importance of impartiality, experience and professionalism in expert witness reports.

At Tessa Gough Associates, we believe balanced expertise is key to delivering reports that stand up in court and meet the highest standards of impartiality and accuracy.

Lessons from recent judgements

The Muyepa and Scarcliffe cases reiterated the vital role expert witness reports play in care claims. Here is what solicitors and legal professionals need to know about those judgements:

• ›Impartiality matters – Courts are now favouring expert witnesses who demonstrate a balance of experience, having worked across both claimant and defendant cases
• ›Reasonableness is key – If an expert report doesn’t satisfy the ‘reasonableness’ test when assessing levels of care, aids and equipment, it won’t stand up in court
• ›Adaptability creates credibility – Experts must adapt their opinions based on evidence, including oral testimony, medical records and surveillance, to maintain credibility in court

Justice Brian Cotter’s comments in the Muyepa judgement are clear: impartiality and evidence-based assessments are non-negotiable for care expert witnesses.

Balanced expertise at Tessa Gough Associates

At Tessa Gough Associates, we take a forward-thinking approach to expert witness development. Here’s how we foster balanced expertise in our team:

• ›Extensive knowledge and skills – Our experts are highly trained and experienced in their chosen fields. We also provide ongoing professional development to keep their knowledge up to date
• ›Comprehensive casework – Our team works across both claimant and defendant instructions, which ensures their perspectives are impartial and balanced 
• ›Bespoke training – Tessa Gough Associates provides in-house training tailored to legal requirements, including CPR Part 35 compliance and evidence-based reporting 
• ›Mentorship and peer support – Those who have recently joined Tessa Gough Associates as an expert witness are given experienced guidance from a senior associate with over 10 years experience, helping them to continue to build their growing knowledge to produce high-quality and credible reports

Why balance matters in expert witness reports

Since 2020, we’ve worked hard to balance casework so that our expert witnesses are a valuable asset to you throughout the legal process. By balancing casework, Tessa Gough Associates ensures every expert witness:

• ›Delivers fair, unbiased reports that stand up in court
• ›Holds credibility with solicitors, barristers and judges
• ›Demonstrates the expertise necessary to support both claimant and defendant cases

Care expert witnesses you can rely on

At Tessa Gough Associates, we’ve spent over 37 years providing expert witness reports that meet the highest standards of impartiality, professionalism and care. Whether you’re working on a claimant or defendant case, our experts are here to support you.

Contact us today at info@tessagough.co.uk to find the right care expert witness for your case.

Or instruct a care expert witness by contacting us via the website.