Briefing a liability expert in a personal injury matter
Liability experts — engineers, human factors specialists, traffic reconstructionists, system safety experts — are decisive in causation and breach. Briefing must comply with Schedule 7 UCPR (NSW) or equivalent Code of Conduct, and the letter of instruction is discoverable.
This is an 8-step workflow for briefing a liability expert to give admissible expert evidence in a personal injury proceeding, complying with the expert witness Code of Conduct.
Before you start
- Identified liability issues (breach, causation, contributory negligence)
- Witness statements and lay evidence
- Incident photographs, CCTV, scene measurements
- Statement of claim or particulars of the claim
The workflow
Define the liability questions
Formulate the precise questions on which expert opinion is sought. Vague questions produce vague reports. Include breach, causation, and alternative scenarios.
Select the right discipline and expert
Match the discipline to the mechanism of injury. Check the expert's CV, prior court appearances, and whether they have been criticised by a court.
Check conflicts and availability
Confirm the expert has no prior retainer with the other party or a related interest. Confirm availability for conclave, supplementary reports, and trial.
Provide Code of Conduct
Provide the Schedule 7 UCPR Expert Witness Code of Conduct (NSW) or equivalent. The expert must acknowledge they are bound by it before opining.
Draft the letter of instruction
Draft a neutral, fact-based letter of instruction. Attach all relevant materials. The letter is discoverable and will be scrutinised for suggestion or leading.
Brief photographs and measurements
Provide scene photographs, CCTV, scale plans, and any measurement data. If the expert needs to inspect, arrange access with notice to the other party.
Review the draft report
Review the draft report for completeness, not content. Do not edit opinion; only flag factual errors, clarify assumptions, and confirm Code of Conduct compliance.
Prepare for conclave and trial
For concurrent evidence, prepare the expert for the conclave (joint report) and hot-tub. Provide updated material, the other side's report, and agreed issues.
What you will have at the end
An admissible expert report, prepared in compliance with the Code of Conduct, addressing the liability issues with clear reasoning and documented assumptions.
Common issues
- Letters of instruction that appear to lead the expert, undermining weight
- Discipline mismatch — using a biomechanical expert where a systems engineer is needed
- Experts who opine on ultimate issues (negligence) they are not qualified to decide
- Late expert reports triggering costs consequences on the plaintiff
- Not providing the other side's report to the expert for conclave preparation
Run this workflow on a real matter
Quillio drafts expert briefs with the Code of Conduct attached, discipline-matched questions, and conclave preparation checklists. See /practice-areas/personal-injury-lawyers.
This workflow is a general guide. Expert evidence rules vary by court — check the relevant practice note on concurrent evidence and expert codes.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
Start your free trial