Expert Witness Services

Our Credibility

Wyvern’s credibility as expert witnesses is built upon our experience in designing homes for those who have severe disabilities as a result of a personal injury; accident, a negligent medical procedure or clinical negligence. This work involves providing a highly detailed costing of planned adaptations, including any major building work, that the claimant requires to their accommodation. The court can be assured that our report will be concise, punctual, impartial, and accurate.

Instructions 

We receive instructions directly from solicitors on behalf of the claimant, defendant or jointly. We receive recommendations from solicitors and barristers. We have wide experience operating not only throughout the UK, but also internationally. Our duty as expert witnesses is solely to the Court.

Pre-Visit Research

Before we visit you, we will consider medical, care, occupational therapy, physiotherapy, assistive technology and other evidence to give us an understanding of your disability. We will undertake research on the Internet using websites such as Rightmove, Zoopla, Mouseprice and Streetview, to obtain information on your property, which will be confirmed once a visit has been made.
 
From time to time, reports from the agencies listed above (the quantum evidence), may not be available. Under these circumstances we may ask you more detailed questions during the interview when we visit you.​

The Visit

Unless otherwise instructed, we visit the claimant in their home environment to assess all aspects of their disability needs, which may include accommodation for live-in carers, occupational therapy, physiotherapy, sensory therapy, bathing requirements and wheelchair access into and around the property.
 
The claimant will be contacted, initially by telephone, to arrange an appointment. This will be followed up by a letter and/or email to the claimant and the instructing solicitor, giving the date and time of the interview. At the same time as confirming the appointment, we will send you a form for completion. This form relates to the utility bills for your property. It is important that this information is completed because it helps us in preparing a comprehensive and accurate report.

The Interview

During the interview process we will ask you questions in relation to your current accommodation and in relation to your disability. We will undertake a measured survey of your property when appropriate. To do this it will be necessary to review the whole property in order to be able to give a comprehensive and full picture. We will also take photographs of the property externally and internally. This will help us in preparing a floor plan for inclusion in the report and to enable the court to cross-reference the text in the report with images of the property.
 
Your privacy is of paramount importance to us and to maintain that privacy we will adhere to any reasonable request you may have in relation to access and photographs. This information is treated as confidential and will not be disclosed to a third party unless your approval is received beforehand. We comply with GDPR. After the case has settled, we dispose of all paperwork arising from the case confidentially in the certified manner.​

The Report &  Recommendations

When we return to the office, the measurements taken of your property will be used to prepare a drawing/s showing the floor plan of your property. The floor plan and the photographs that we took at the time of the visit will form part of the report.
 
​The report will describe the current accommodation, any work that you have undertaken to the property and any financial help that you may have received in respect of any alterations. The report will then set out the criteria that are required for any accommodation based on your disability. It will then describe the shortcomings or otherwise of your current accommodation and this report will be then used to determine whether, or not the property is suitable for you.
 
If the property is unsuitable, we will provide a recommendation for the type, size and cost of property that is required by you. To do this, we will consider the location of the property and the proximity to amenities that are important to you, such as shops, schools, and medical centres.
 
The report will consider the cost of adaptation, the ancillary costs of purchasing the new property and the additional costs of upkeep in relation to the new property.

Conference with Counsel

When the report is prepared it will be sent to the instructing solicitor. It is usual to have a conference with the experts, solicitor, and barrister in attendance. Following the conference amendments may be required to the report. These amendments will only be made if they relate to factual inaccuracies or if the evidence, including up to date evidence, dictates that an amendment is required. When the report is finalised, it will be disclosed to the other side’s lawyers. The report may be disclosed unilaterally or concurrently with the other side’s evidence.
 
Based upon the quantum evidence, the legal team will prepare a detailed Schedule of Loss on the basis of all the evidence available. The Schedule of Loss will determine the overall value of the claim and part of this will be the accommodation element, which will be based on our report.

Joint Meetings

When both parties have disclosed their evidence, it is usual to have a Joint Settlement Meeting (JSM) between the parties. Either before this meeting or afterwards, it is usual for the opposing experts to prepare a joint statement. The joint statement will set out the differences between the experts and the reasons why those differences have occurred. This document will then be signed by the respective experts and disclosed at the same time to each side.
 
If settlement cannot be reached, the case will proceed to trial.

​Settlement

It is our experience that the vast majority of claims settle before the case reaches the court room. We will be involved with advising on settlement figures prior to acceptance.
 
If settlement is not reached, a trial will be held. We are required to give oral evidence in court, often before judges in The Royal Courts of Justice. We are have experience of being cross-examined by leading counsel.
 
Following the trial, the claimant will receive the appropriate level of damages as assessed by the court based on the evidence presented.

​Post Settlement

Post settlement, we are regularly appointed to assist the claimant in identifying a suitable property in accordance with the recommendations and needs. At this stage we work in conjunction with care, occupational therapy and physiotherapy experts. Having found a suitable property, we prepare either a suitability report or a feasibility study. The report or study will include a design proposal and a detailed budget estimate of the cost of the alterations and extension if needed. This is presented to the client, or in the case of a minor or an adult considered a patient under the Mental Health Act, forwarded to the Public Guardianship Office, who administer the fund for approval.
 
Although this process is entitled “post settlement”, it may be possible to procure and alter a property before final settlement has been achieved. 

General

​Wyvern Partnership LLP have an unparalleled reputation within the legal profession; we are known to prepare accurate, impartial and reliable reports. We bring an eye for detail to each stage of the pre-settlement process. For the claimants, we go on to oversee the procurement, design and building process of their new home.

Contact our Accommodation Experts

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Our Expert Witness Team

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Steven B Woodley
Partner / Expert Witness

Alan A Wibberley
Partner / Expert Witness

Thomas Boakes
Associate / Expert Witness

Client Testimonials