Frequently asked questions

Solicitors and other legal professionals. We do not take instructions directly from claimants.

A letter of instruction, the complete clinical records, radiographs supplied as image files and any relevant consent or referral documentation. Where proceedings have begun, include the pleadings, applicable orders and existing expert evidence.

Yes. Expert advice may be obtained while a matter is being investigated or during a pre-action process. In proceedings governed by the Civil Procedure Rules, the court’s permission is required before a party may call an expert or rely on the expert’s report as evidence.

No. The proposed expert’s CV and the quotation are provided before an instruction is placed. You can review both before deciding whether to proceed.

You receive the CV first. Where a conference before instruction would assist with scope or suitability, your case manager can arrange it and confirm whether a separate fee applies.

The report identifies what is missing and what could not be determined as a result. The expert does not assume what an absent record would have shown. Material supplied later may require further review.

We accept instructions from claimant and defendant solicitors, as well as single joint instructions. The clinical analysis and the expert’s duty do not change with the identity of the instructing party.

An expert instructed to prepare evidence for the court on behalf of two or more parties. The expert’s duty to the court is the same as on any other Part 35 instruction.

The report will say so and explain why. Under CPR Part 35, the expert’s overriding duty is to help the court on matters within their expertise. That duty overrides any obligation to the person instructing or paying them.

No. The expert gives an opinion on clinical matters within the agreed scope and their expertise. The court decides the case. The expert does not provide legal advice or determine the value of the claim, although an appropriate expert may address the reasonable cost of future dental care.

A potential or actual conflict must be disclosed and considered before the instruction proceeds. If it would affect, or reasonably call into question, the expert’s independence and objectivity, the expert should not accept or continue with the instruction and another expert should be considered.

In proceedings governed by the Civil Procedure Rules, yes. A party may not call an expert or put an expert’s report in evidence without the court’s permission. Any order may limit the field of expertise, the named expert, the issues and the recoverable costs.

Instructions may concern personal injury, regulatory, criminal or coronial proceedings and CICA applications. The relevant expert, report format and procedural requirements must be scoped for the particular jurisdiction and forum.

The expert whose discipline and current expertise match the clinical issue. We confirm the proposed match when the case is scoped and provide the CV before you instruct.

Dentists are registered with the GDC. Oral and maxillofacial surgeons are medically qualified and registered with the GMC; whether GDC registration is also required depends on the work they undertake. We verify the registration relevant to the proposed instruction.

Registration is only the starting point. The proposed expert must have relevant knowledge, training and experience for the issues, understand the applicable expert-witness duties and be able to give independent evidence within their competence.

Sometimes. The standard of care, causation, injury and future treatment may cross disciplines. Implant, oral cancer and facial trauma matters are examples where two experts may be required. We identify that possibility when the issues are scoped.

They can, provided they are competent to address the care in question. The standard applied remains that of a reasonably competent general dental practitioner, not the higher standard expected of the specialist personally.

It answers the clinical questions in the letter of instruction within the expert’s competence. For an England and Wales civil instruction, the report is prepared in a form intended to comply with CPR Part 35 and Practice Direction 35, including the expert’s reasoning, material instructions and declaration of duty.

Yes, for the report as scoped in the letter of instruction and quotation. If the scope changes, we provide a revised quotation before the additional work proceeds.

No. Written questions under CPR 35.6 are quoted separately when they arise, as are expert discussions, joint statements, conferences, supplementary reports and attendance at a hearing or trial.

No. The proposed expert’s CV and the quotation are supplied before an instruction is placed.

Yes. An independent expert must consider material new evidence and change or qualify an opinion where the evidence requires it. Any material change should be explained. Reviewing later records or preparing an addendum is outside the original scope unless expressly included.

Send the proposed questions or additional material to the case manager. We confirm whether the work falls within the existing scope and, where it does not, provide a quotation before asking the expert to proceed.