Letter of Instruction to an Expert Witness

The letter should be headed with the case name, court reference, and the expert's name and address. In family proceedings, include the children's names and dates of birth. In criminal proceedings, include the defendant's name, date of birth, and the charge(s).

Identify the instructing solicitor, the party on whose behalf the expert is instructed (or that it is a joint instruction), and the names and roles of all other parties. In family proceedings, identify the local authority, parents, and children's guardian.

State the procedural rules that apply and confirm that the expert is aware of their duties to the court. In criminal proceedings, refer to CrimPR Rule 19.2. In family proceedings, refer to FPR Part 25 and PD25B. In immigration proceedings, refer to the relevant practice direction.

Provide a clear, neutral summary of the factual background to the case. Do not advocate for your client's position. The expert must be able to identify the facts on which their opinion is based. In family proceedings, include the threshold findings alleged by the local authority.

Confirm the expert's qualifications, professional registration, and relevant experience. In family proceedings, PD25B requires the letter to confirm that the expert has the relevant expertise and that there is no conflict of interest.

Set out the specific questions the expert is asked to address. Questions must be specific to the issues in the case. Generic questions — such as 'please provide a psychological assessment of X' — produce generic reports that are unlikely to assist the court. In family proceedings, questions must be consistent with the court's permission order.

List all documents provided to the expert in a numbered schedule. Confirm that the bundle is complete and that no relevant documents have been withheld. In family proceedings, the bundle should include the threshold document, care plan, social work chronology, and all previous assessments.

Specify the required format and, if relevant, the maximum length of the report. In family proceedings, the court may have given directions on format. In criminal proceedings, the report should comply with CrimPR Rule 19.3 and the requirements of the Criminal Practice Directions.

State the deadline for the report, having regard to the court's timetable. In family proceedings, the deadline will usually be set by the court's directions order. In criminal proceedings, the deadline should allow sufficient time for the prosecution to respond before the relevant hearing.

Confirm the agreed fee and the basis on which it is calculated. If the case is publicly funded, confirm whether prior authority has been obtained and the rate at which the expert will be paid. Attach a copy of the prior authority where obtained.