Expert Determination Case Study

Overview

This case study demonstrates how Expert Determination can assist in protected party matters where court approval is required for costs to be paid from damages.

The Situation

In cases involving protected parties (those who lack capacity to manage their own affairs), the court must approve any payments from their damages, including legal costs. This case required an expert opinion about the amount which it was fair and reasonable for a protected party to pay in costs to their own solicitor.

The Need for Expert Opinion

The opinion was needed because:

• Court approval was required before the case could be completed
• The balance of the protected party’s damages needed to be paid out to their litigation friend
• An independent assessment of the reasonableness of the solicitor’s costs was necessary

The Process

1. Instruction - CADR was appointed to provide an expert determination
2. Review - The expert reviewed the solicitor’s bill and relevant documentation
3. Analysis - Consideration of what was fair and reasonable in the circumstances
4. Opinion - A written expert opinion was provided to the court

The Outcome

The opinion was accepted by the court, thereby avoiding the time and expense of a detailed assessment.

Key Benefits

• Court Acceptance - Expert opinion readily accepted by the court
• Time Savings - Avoided lengthy detailed assessment proceedings
• Cost Efficiency - More economical than contested court assessment
• Protection - Ensured the protected party’s interests were safeguarded
• Independence - Provided objective, expert analysis