Instructing a psychiatric expert witness is a critical step in cases where mental health intersects with legal proceedings. Whether in criminal defence, family law, personal injury, clinical negligence or immigration matters, the quality and relevance of psychiatric evidence can determine the outcome. This guide provides solicitors with a framework for instructing psychiatric experts, ensuring reports…
Post-traumatic stress disorder (PTSD) remains one of the most frequently encountered psychiatric conditions in personal injury litigation in England and Wales. General damages for PTSD are assessed with the Judicial College Guidelines (JCG), whose 18th edition was published on 9 April 2026. The Guidelines are guidance, not binding, and they do not fix an amount…
In personal injury and clinical negligence litigation, post-traumatic stress disorder (PTSD) claims require careful psychiatric assessment to determine both diagnosis and prognosis. Solicitors and barristers handling such cases must understand how damages are calculated, the role of expert witnesses, and the clinical frameworks underpinning compensation awards. This article provides a detailed overview of the medico-legal…
In civil litigation involving psychological injury, the recognition of Complex Post-Traumatic Stress Disorder (Complex PTSD) under ICD-11 has introduced a nuanced diagnostic framework that directly influences compensation claims. For solicitors, barristers, and expert witnesses, understanding the distinct clinical features of Complex PTSD, its differentiation from PTSD under DSM-5, and its medico-legal implications is essential for…
In psychiatric medico-legal practice, the quality of an expert report can influence litigation outcomes. Civil Procedure Rules Part 35 (CPR 35) and its Practice Direction govern expert evidence in civil claims in England and Wales. A compliant report must balance clinical rigour with legal relevance. This guide outlines the essential components of a psychiatric medico-legal…
In criminal injuries compensation claims, psychiatric evidence frequently determines both eligibility and the level of award. Under the Criminal Injuries Compensation Scheme 2012, only a psychiatrist or clinical psychologist can provide the diagnosis or prognosis that a mental injury award requires. This guide explains what that evidence must cover, how it bears on the Scheme’s…
In criminal proceedings where the partial defence of diminished responsibility is raised, the interface between psychiatric evidence and legal principle becomes central. Under the Coroners and Justice Act 2009, which amended the Homicide Act 1957, the defence requires proof that the defendant suffered from an abnormality of mental functioning that substantially impaired their ability to…
The quantum psychiatric report in an abuse claim is usually the main evidence of what the abuse did to the claimant and what treatment the consequences need. Claimant and defendant solicitors read the same report for different purposes, but both need it to deal with diagnosis, causation, prognosis and treatment in terms counsel can value….
Complex PTSD vs PTSD is a question of classification before it is a legal one. ICD-11 recognises complex post-traumatic stress disorder as a separate diagnosis; DSM-5-TR does not. When experts in the same case use different systems, they may describe the same claimant, parent or defendant in different terms, and the PTSD vs CPTSD question…
Contentious will disputes frequently hinge upon the deceased’s testamentary capacity at the time the will was made or revised. Establishing this capacity retrospectively demands highly specialised psychiatric or neuropsychiatric expertise. In England and Wales, the courts apply the common law test in Banks v Goodfellow (1870) LR 5 QB 549, which predates the Mental Capacity…
