Instructing a psychiatric expert witness in Scotland
Instructing a psychiatric expert witness in Scotland is straightforward, provided the conflict position is settled first and the letter of instruction sets out the questions to be answered. This page explains the sequence Insight Medicolegal follows, from first enquiry to the issue of the report and any attendance at proof.
The instruction cluster
- Check availability and conflicts — What to send with a first enquiry and how the conflict check is carried out.
- Letter of instruction — Model letter to copy, plus the records and documents to enclose.
- Fees and timescales — Basis of charge, indicative turnaround, cancellation, VAT and Legal Aid position.
- The assessment — Duration, venue options, companions, recording policy, consent and what to bring.
- Reports — Report anatomy, duty to the court, joint reports, supplementary reports and addenda.
Availability and conflict check
Before an instruction is accepted, the names of the parties are checked against previous treating and reporting involvement. Dr Qureshi accepts instructions from both pursuer and defender agents, so this step is essential: where he has treated, assessed or previously reported on a party, the instruction is declined at once rather than later in the case.
An enquiry at this stage needs only the names of the parties, the nature of the matter, the court or tribunal and any fixed deadline. Availability for assessment and for proof is confirmed at the same time, so that no date is lost while records are being gathered.
The letter of instruction
The letter of instruction should identify the party represented, the issues in dispute, the specific questions to be addressed, the court or tribunal and the timetable. Records — GP notes, hospital records, occupational health files, previous reports, pleadings and any schedule of damages — should be enclosed, or their expected date confirmed.
A model letter that can be copied and adapted, together with a checklist of documents to enclose, is set out under letter of instruction. Where the questions cross into areas outside general adult and addiction psychiatry, this is flagged before work begins rather than qualified in the report.
Assessment
The examinee is seen in person in Greater Glasgow, at an agreed venue elsewhere in Scotland, or remotely by secure video where that is clinically appropriate. Appointment arrangements are made directly with the examinee, or through the instructing agent where that is preferred, once the instruction is accepted.
Duration, consent, recording policy and whether a companion may attend are set out under the assessment. Consulting venues and the courts served are listed under locations and coverage.
Report, addenda and proof
The report is issued to the instructing agent and is written for the court, not for the instructing party. It records the material relied upon, distinguishes history from opinion, addresses diagnosis, causation, treatment and prognosis, and states the basis of every conclusion so it can be tested.
Supplementary reports following further records, joint reports with an opposing expert, consultations with counsel and attendance at proof or tribunal are all available. Report structure and standards are set out under reports.
Fees and timescales
Fees are charged on the following basis: [CLIENT TO CONFIRM: fee schedule, VAT position and Legal Aid / SLAB position]. Typical appointment lead time is [CLIENT TO CONFIRM] and report turnaround is [CLIENT TO CONFIRM] from receipt of complete records. Cancellation terms are [CLIENT TO CONFIRM].
The full schedule, including terms for attendance at proof, is set out under fees and timescales.
Discuss an instruction
Call 07739 587092, email instructions@insightmedicolegal.co.uk, or use the enquiry form. For the areas covered, see the expertise hub.
Frequently asked questions
- How quickly can an instruction be accepted?
- Once a conflict check is complete, an instruction is normally accepted and a written fee quotation returned within [CLIENT TO CONFIRM] working days of the enquiry. Confirming the parties, the court or tribunal and any fixed deadline at the outset avoids delay; see fees and timescales for the full timetable.
- Does Dr Qureshi accept instructions from both pursuers and defenders?
- Yes, instructions are accepted from agents acting for either side of the record, subject to the conflict check described above. The report reflects the evidence rather than the instructing party's position, consistent with the overriding duty to the court set out under reports.
- Can a report be prepared without a face-to-face assessment?
- A report always requires an assessment, but that assessment may take place remotely by secure video link where appropriate to the examinee and the questions posed. A desktop opinion on records alone is only offered as a preliminary screening view; see the assessment for the options.
- Is Dr Qureshi available to give oral evidence at proof?
- Yes, attendance to give evidence at proof in the sheriff court or the Court of Session, and before tribunals, is available once a diet is reserved. Diet dates should be secured as early as possible; terms for attendance are set out under fees and timescales.
Instructing Dr Qureshi
Instructions are accepted from pursuer and defender agents, insurers, regulatory bodies and occupational health providers. A conflict check is carried out before any instruction is accepted.
Or call 07739 587092.