EWJ June 2024 web - Journal - Page 30
Expert Report Writing Part
Three: The Quantum Report
Expert opinions are integral to every stage of the serious injury claim process, not least when
determining the value of compensation to be awarded at the quantum stage of proceedings.
Building upon the two previous articles in this series addressing general principles and the
liability report, Hugh Johnson addresses the preparation of the quantum expert report (whether
medical condition and prognosis reports or reports from other experts in a typical catastrophic
injury claim).
should be very carefully considered and automatically
stress tested against the realities of life. Anything less is
inadequate.”
Assessing damages
The aim of the legal proceedings in an injury claim is
often described as an attempt to put the claimant back
into the position they would have been in but for their
injury. In the case of a serious or life-changing injury,
that is, of course, impossible. The court can only
award monetary damages: it is left to determine the
appropriate level of damages to assist the claimant to
bridge that gap, resuming their lifestyle as far as
possible, but now with support.
While those comments were made in relation to the
care evidence, they apply to all expert disciplines
where there are costings for loss. Experts should,
therefore, expect follow-up questions if the lawyers
are to ensure both that they have properly understood the evidence and costs of any recommendations,
analysing the reasonable need. It is necessary to consider both present and future circumstances, as well as
to evaluate any overlap between the advising experts
and their recommendations.
As noted in the previous article in this series, the
standard of proof required in civil courts is the balance of probabilities. Experts need to form a view on
what is probable (more likely than not) and, in the case
of quantum, to set out what provision is reasonable on
the basis of the available evidence.
The court will try to determine the claimant’s reasonable needs and the cost of meeting those now and in
the future. The court will only be able to do that by
evaluating expert evidence obtained by both the
claimant and defendant parties.
The quantum expert evidence is not only there to set
out the nature and extent of the injury but also to inform the damages claimed by the legal team within
the schedule of loss. The experts (and their instructing solicitors) must ensure all costed elements of the
report are supportable before being presented in evidence. Paragraph 176 of the judgment of Mr Justice
Cotter in Scarliffe v Brampton Valley Group Ltd [2023]
EWHC 1565(KB) puts it most succinctly:
Rule 35.1 of the Civil Procedure Rules (CPR) states
that expert evidence should be restricted to that which
is reasonably required to resolve the proceedings.
While a number of experts are instructed in complex
claims, it is not a matter of “collecting” experts. The
court will restrict the number of experts and, frequently, via the imposition of a costs budget, the use of
experts. In early case management hearings, it is often
necessary to justify why experts are required and,
where appropriate, joint instructions will be utilised.
“A care expert should be able to fully justify any
aspect of care, therapy or equipment which the court
is being advised should be provided. The advice
EXPERT WITNESS JOURNAL
28
JUNE 2024