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 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.
- 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 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.
[Firm letterhead]
Dr Yameen Qureshi
Insight Medicolegal
Centrum Business Park
38 Queen Street
Glasgow G1 3DX
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].
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.
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]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 the instruction
Letters of instruction and records may be sent to instructions@insightmedicolegal.co.uk or by post to Centrum Business Park, 38 Queen Street, Glasgow, G1 3DX. 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. The full process is set out under instructing Dr Qureshi.