Within Care Proceedings, it is often necessary for experts to be instructed to give their expert opinion on a certain issue which has arisen in proceedings. Examples of the types of experts that may be appointed within these proceedings could include, psychologist, psychiatrist, and even a radiologist within (non-accidental injury) cases.
The Court will only agree that an expert is to be instructed if it is necessary to resolve the proceedings justly.
When an expert is instructed to give expert evidence, all parties will jointly instruct the expert. The expert has an overriding duty to the Court to provide an expert opinion entirely independent of every party.
If you do not agree with the content of the expert’s report, you will be entitled to respond to the expert’s opinion within your evidence which is filed within the proceedings, or your legal representative will be able to challenge the expert at any contested hearing.
If the expert has been instructed within proceedings initiated by the Local Authority, you most likely will not be required to pay for the instruction of the expert. If your matter is funded by Legal Aid, your Legal Aid certificate should cover the costs of the instruction of the expert.
Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409
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