We speak with Amey Haywood, who is Head of Expert Witness Services at Bush & Company. An expert’s role is significant during disputes, and she begins her interview by expanding on the services that her team offers: “Our expert witnesses produce liability reports looking at causation and breach of duty, and quantum reports that establish proportionate value of claim.
At Bush & Company, we work with a diverse range of expert witnesses which we allocate to cases within their area of specialism, based on the client’s individual needs.”
How do you ensure that the expert witnesses that you provide make an objective decision when called to give an expert opinion?
As a company, we are committed to investing in the continued support and training for our expert witnesses. All of our experts follow an induction programme and receive mentoring, as well as online training and specialist face to face training delivered by a communications expert and a barrister. Amongst other things, this period of professional development covers essential skills such as report writing and court appearance training.
We also engage our experts in regional meetings to ensure they are kept up to date with industry developments and current legislation. In addition to this, we offer peer review and supervision as well as our annual company conference which provides the opportunity to network and knowledge share for best practice and CPD.
In liability cases we safeguard impartiality by ensuring that experts have not worked within the Trust involved in the case, enabling them to deliver a non-biased opinion.
Are there any special considerations undertaken when devising a quantum report for a child as opposed to an adult?
In the first instance, any case involving a young person must gain consent from the parent, litigation friend or guardian. This ensures that the care giver is in agreement with the assessment process and involvement of the child, and is aware that the report will be used in court.
Secondly, an expert with paediatric experience must be enlisted to fully consider a child’s developmental milestones, as the phases of growth both mentally and physically will affect their ongoing requirements. Understanding a child’s life stages, such as starting nursery or school helps expert witnesses to reflect on the differences in care they may need over time.
More recently there is a growing focus on the transition to adulthood, between the ages of 19 to 25 years. We know that this is a period in which brain maturation takes place and so it is important to consider the impact of moving into adulthood. Expert witnesses must also have significant knowledge of the Children and Families Act so that they are able to evaluate which statutory services will be reliably available for the child.
What difficulties arise when providing such reports? Do you think the legal profession could adopt to ensure your role as an expert is as smooth as possible?
In cases where a child is the client, parents are significantly involved in the process and the young person is often assessed more than once during the quantum reporting period.
Parents may find it difficult to prioritise an expert visit if they already feel overwhelmed with school and hospital appointments. However, working to court deadlines means that these visits should not be underestimated by all involved in the case.
It is the expert witness’ responsibility to be sensitive to the family’s circumstances and provide clear explanations. An open approach to communication is often the best way for parents to accept that their personal view may not be appropriate for the expert’s reporting.
The presence of a case manager may be reassuring to parents and helpful to the expert, who ideally needs to see the child with a parent or guardian at home or school, if appropriate. In my experience, it’s helpful to have the Education, Health and Care Plan (EHCP) detailing a child’s statutory provision of relevant services, so that the expert witness can make an objective evaluation on quantum issues and costs for the care recommendations.”
Has there been an instance when cases are very difficult to give reports on? How are such cases tackled?
When dealing with people’s lives, following an incident that has resulted in catastrophic or serious injury, all cases are challenging. Bush & Company ensure that our expert witnesses are fully trained and supported to deal with the difficult and sensitive nature of these cases.
In recent years, we have seen some complex cases reported in the press and it is important that expert witnesses remain true to the facts and not swayed by media speculation. They may have to report things that they don’t agree with on a personal level, but must put their own thoughts and feelings aside to deliver a professional service and produce a report based on the evidence.
Can you talk Lawyer Monthly through the process of devising an effective report and service when called to case? What do you think makes a good expert witness?
All our reports go through a stringent review process to ensure that our expert witnesses maintain their objectivity. Reports are vetted by our QA team which includes a solicitor and experienced expert witnesses who provide accuracy from a legal and clinical perspective, as well as a bank of secretaries for grammatical checks.
Fundamentally, the role of the expert witness is to provide technical analysis and opinion which will assist the court in reaching its decision. The opinion evidence put forward by the expert witness is based on evidence of fact.
It is important to say that an expert is not the same as an expert witness. An expert offers special expertise in a particular field and an expert witness offers additional skills and abilities such as courtroom skills and report writing. A reliable expert witness is not only confident in their area of expertise but has accrued life experience that helps them relate to a client and the challenges they will face.
Although the opinion of an expert witness is being sought by the claimant or defendant solicitor, their duty is primarily to the court.
Amey Haywood
Head of Expert Witness Services
ahaywood@bushco.co.uk
01327 876210
Amey joined Bush & Company in 2016, following her role as Head of Community Services and Registered Manger for the UK’s largest mental health charity.
Combining her leadership skills and frontline experience, Amey heads up a team of specialist expert witnesses across the country and ensures adherence to Bush & Company’s quality standards.
Bush & Company is the largest and fastest growing provider of expert witness, assessment and case management services in the UK. Providing specialist medico-legal and rehabilitation expertise to insurance companies and solicitors, working with people who have sustained serious or catastrophic injuries, Bush & Company acts on referral from the injured person or by instruction from a claimant or defendant representative.
Bush & Company has more than 135 specialist consultants across the UK, all with a minimum of ten years’ frontline experience. Matching consultant expertise with the needs of the client, Bush & Company provides services for cases involving adults or children, following accidents resulting in disabilities such as spinal cord injury, acquired brain injury, amputation, orthopaedic injury and visual impairment, or conditions arising from medical negligence such as cerebral palsy, erb’s palsy, abdominal injuries and orthopaedic injuries.
