What if records are not yet available?

The letter of instruction can be sent with an expected date for outstanding records, and the report can proceed once they arrive, or an addendum can follow if a small volume arrives after the report is issued. See reports for how addenda are handled.

Can the questions be amended after instruction?

Yes, further or amended questions can be sent at any point before the report is finalised, though late changes may affect the timescale. Where a question arrives after the report is issued, it is usually dealt with by a supplementary report; see fees and timescales for the effect on turnaround.

Who is responsible for the fee if the case settles?

The instructing agent named in the letter of instruction remains responsible for the fee, whatever the outcome of the action, including where the case settles before the report is delivered. This is confirmed in writing at instruction stage; see fees and timescales.

Can two parties jointly instruct a single report?

A single joint instruction can be accepted where both parties agree the questions and the basis of the fee in advance, most often in family or capacity matters. The letter of instruction should confirm both instructing agents and how the fee is to be split.

Letter of instruction to a psychiatric expert witness

A letter of instruction to a psychiatric expert witness should do four things: identify the party represented and the forum, state the questions on which opinion is sought, enclose the records the expert needs to answer them, and fix the timetable. A letter that does all four allows the report to be prepared without a round of clarifying correspondence.

What to include

What the letter should contain

The examinee's full name, date of birth and current address.
The party you represent and the court, tribunal or regulator involved.
A short factual background to the events complained of.
Numbered questions, each capable of a direct answer.
A list of the records enclosed and those still awaited.
The date the report is required and any fixed diet of proof.
Confirmation of who is responsible for the fee, and any Legal Aid position.
The names of all parties, so the conflict check can be completed.

Questions framed in Scottish terms — pursuer and defender, proof, Court of Session or sheriff court — avoid the ambiguity that arises when an English precedent is adapted.

Model letter

Model letter of instruction

Copy the text below onto your firm's letterhead and adapt the bracketed fields. The questions at paragraph 3 cover the usual civil personal injury instruction; delete or add as the case requires.

Model letter of instruction

[Firm letterhead]

Dr Yameen Qureshi
Insight Medicolegal
PO Box 5639
Glasgow G77 9FL

Dear Dr Qureshi

LETTER OF INSTRUCTION — [Examinee full name], date of birth [DD/MM/YYYY]
Our reference: [ref]  ·  Court/tribunal reference: [ref]

1. Party represented
   We act for the [pursuer / defender / respondent / appellant] in this matter.
   The action is [raised in / to be raised in] [Court of Session / Sheriff Court
   at [place] / Employment Tribunal / Mental Health Tribunal for Scotland].

2. Background
   [Two or three sentences: the incident or events complained of, the date, and
   the psychiatric injury or issue said to arise.]

3. Questions on which opinion is sought
   a. Whether the examinee suffers, or has suffered, from a psychiatric disorder,
      and if so the diagnosis by reference to ICD-11 or DSM-5.
   b. Whether that disorder was caused or materially contributed to by the events
      described, and the position had those events not occurred.
   c. The effect of the disorder on daily living, relationships, and capacity for
      work or study.
   d. Treatment received to date, treatment recommended, and the likely cost and
      duration of that treatment.
   e. Prognosis, including the expected date of recovery or the extent of any
      permanent impairment.
   f. Any pre-existing vulnerability, prior psychiatric history, or unrelated
      factors bearing on the above.
   g. [Any further question specific to this case.]

4. Enclosures
   [List the records enclosed — see checklist. Confirm the expected date of any
   records still outstanding.]

5. Timetable
   A report is required by [date]. The proof/hearing is fixed for [date, if known].
   Please confirm availability for that diet.

6. Terms
   Please confirm your fee for this report and your availability. We confirm that
   fees will be met by this firm [subject to Legal Aid sanction, if applicable].

7. Conflict
   The parties are [names]. Please confirm you have had no previous treating or
   reporting involvement with any of them.

Appointment arrangements may be made directly with the examinee, whose contact
details are: [telephone] / [email] / [address]. [Note any interpreter, mobility,
communication or safeguarding requirement.]

Yours faithfully

[Name]
[Firm] · [Telephone] · [Email]

Enclosures

Checklist of documents to enclose

GP records: Full set, including consultations pre-dating the index events.
Hospital and A&E records: Admissions, discharge letters and psychiatric contacts.
Community mental health records: CPN notes, psychology records and any addiction service involvement.
Occupational health file: Referrals, reports and any ill-health retirement papers.
Previous expert reports: Including reports for the opposing party, where available.
Pleadings: Summons or initial writ, defences and any adjustments.
Schedule of damages: Together with any counter-schedule.
Wage and employment evidence: Payslips, absence records and terms of employment.
Witness statements: Where they bear on presentation, function or the index events.
Police or incident reports: Where the events are disputed or involve alleged assault.

Where records are incomplete, the report can still be prepared and an addendum issued once the outstanding material arrives. That approach is set out under reports.

Sending

Sending the instruction

Letters of instruction and records may be sent to instructions@insightmedicolegal.co.uk or by post to PO Box 5639, Glasgow, G77 9FL. Bulk records are best sent by secure file transfer; a link is accepted. Receipt is acknowledged, with the conflict position and an indicative timetable, before work begins. Fees and turnaround are set out under fees and timescales.

FAQs

Frequently asked questions

What if records are not yet available?: The letter of instruction can be sent with an expected date for outstanding records, and the report can proceed once they arrive, or an addendum can follow if a small volume arrives after the report is issued. See reports for how addenda are handled.
Can the questions be amended after instruction?: Yes, further or amended questions can be sent at any point before the report is finalised, though late changes may affect the timescale. Where a question arrives after the report is issued, it is usually dealt with by a supplementary report; see fees and timescales for the effect on turnaround.
Who is responsible for the fee if the case settles?: The instructing agent named in the letter of instruction remains responsible for the fee, whatever the outcome of the action, including where the case settles before the report is delivered. This is confirmed in writing at instruction stage; see fees and timescales.
Can two parties jointly instruct a single report?: A single joint instruction can be accepted where both parties agree the questions and the basis of the fee in advance, most often in family or capacity matters. The letter of instruction should confirm both instructing agents and how the fee is to be split; see instructing for the acceptance process.

Instructing

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.

Send a letter of instruction Check availability and conflicts

Or call 07739 587092.