Writing Reports

The Expert Witness Report

1. The purpose of an Expert Witness is twofold:-

  • To assist the lawyers preparing a case
  • In the event that the parties cannot reach agreement, to assist the Court in reaching a decision.

2. A good report will be written in clear and plain English, with any technical claims clearly explained or defined.

  • Learn to separate facts from opinions.
  • Leave opinions to the conclusion

Report Writing

An Expert's report should be addressed to the Court and not to the party nor to the instructing lawyer from whom the Expert has received his/her instructions.

An Expert's report must:

  • Give details of the Expert's qualifications
  • Give details of any literature or other material which the Expert has relied on in making the report
  • Contain a statement setting out the substance of all facts and instructions given to the Expert which are material to the opinions expressed in the report or upon which those opinions are based; and from when the instructions were given
  • Make clear which of the facts stated in the report are within the Expert's own knowledge
  • Make clear any lack of knowledge
  • Say who carried out any examination, measurement, test or experiment which the Expert has used for the report, give the qualifications of that person and say whether or not the test or experiment has been carried out under the Expert's supervision
  • Where there is a range of opinion on the matters dealt with in the report:-
    - summarise the range of opinion and,
    -give reasons for his/her own opinion.
    i.e. Supplement to the Report on where the Expert thinks the answer lies in the range of opinions.
  • Contain a summary of the conclusions reached
  • If the Expert is not able to give his/her opinion without qualification, state the qualification
  • Contain a statement that the Expert understands his/her duty to the Court, and has complied and will continue to comply with that duty.

  • Concluding Statement:

    The Expert's report must conclude with a declaration of truth in the following form:

    'I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear what they are and I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion.' (PD35 2.3/4).

Format of Report

Broadly the report might follow the following format.

  • Front page showing for example:
    - The names of the parties
    - The Expert's name and specialist field
    - The name of the party on whose behalf the Expert is reporting
    - The identity of the instructing part
    - The subject matter of the report
    - The date(s) of inspection and/or enquiries

  • Contents page
  • Introduction
    -     Formal details, synopsis, instructions, disclosure of interests etc.
  • Background to the dispute, and the issues
    -     The relevant parties
    - The assumed facts
    - The issues to be addressed
  • Enquiry
    - Details of the technical investigation or enquiry
  • The facts on which the Experts opinion is based
    -     Expressing the factual position only (no opinion should be expressed).
  • Conclusion (s)
    - The Expert's conclusions, setting out each issue in turn, with the Experts opinion and the full reason for reaching it.
  • Appendices
    - The Expert's CV
    - Documents relied upon
    - Published material referred to
    - Schedules and
    - Calculations prepared by the Expert for the purpose of the report, chronology etc.
  • Essential considerations
    - Agree terms and conditions with those instructing you
    - keep it as simple as possible
    - Separate fact and opinion - keep opinions to the conclusion
    - Understand the legal process and the rules of evidence
    - Above all - give an independent view