Instructing a Neuropsychology Expert Witness in Devon: Does the Expert Need to Be Local?

When a solicitor needs to instruct a neuropsychology expert witness for a client in Devon, geographical location may seem an obvious place to start.

But does the expert themselves need to be based locally?

In most cases, the most important consideration is not where the expert is based, but whether they have the specialist expertise, qualifications and medico-legal experience required for the issues in the case.

For clients in Devon, however, access to face-to-face neuropsychological assessment within the region can still offer important practical advantages.

Choosing the Right Neuropsychology Expert

Neuropsychological evidence may be required in personal injury, clinical negligence and other litigation where there are questions about cognitive functioning following brain injury or neurological illness.

The expert's role is to provide independent opinion evidence to assist the court.

Accordingly, the starting point when selecting an expert should be their suitability for the particular case rather than simply their proximity to the claimant.

Relevant considerations may include:

• specialist training and qualifications in clinical neuropsychology;

• experience of the neurological condition or type of injury involved;

• experience preparing independent expert evidence;

• understanding of the requirements of CPR Part 35;

• experience of complex or disputed presentations;

• ability to address issues such as causation, functional impact and capacity where relevant; and

• experience of joint expert discussions and giving oral evidence.

For further information about selecting an appropriately qualified expert, see Key Questions Solicitors Should Ask to Ensure They Instruct a Properly Qualified Neuropsychologist.

When Does Location Matter?

Although geographical proximity should not determine the choice of expert, there are circumstances in which local access to assessment can be valuable.

A comprehensive neuropsychological assessment can involve a lengthy clinical interview and several hours of cognitive testing. For somebody experiencing fatigue, pain, cognitive difficulties or other consequences of neurological injury, travelling a substantial distance for assessment may add an unnecessary burden.

Having access to face-to-face assessment in Devon can therefore be particularly useful for clients based in Plymouth, Exeter and elsewhere across the county, while still allowing the instructing solicitor to select an expert on the basis of appropriate specialist expertise.

Dr Vikki Hunkin undertakes face-to-face neuropsychological assessments across Devon and Cornwall as part of a wider practice accepting instructions from solicitors throughout England and Wales.

Details of available assessment options can be found on our Neuropsychological Assessment Services page.

Can a Neuropsychological Assessment Be Conducted Remotely?

Remote assessment can be appropriate in some circumstances and can make specialist expertise accessible regardless of where a claimant lives.

However, whether remote assessment is appropriate needs to be considered on an individual basis.

The nature of the referral question, the individual's presentation, the assessment measures required and the purpose for which the resulting opinion will be used may all be relevant.

For some cases, particularly where detailed cognitive testing is required, face-to-face assessment may remain preferable.

The availability of both face-to-face and remote options means that the method of assessment can be considered according to the requirements of the individual case rather than geographical convenience alone.

Does a Devon Solicitor Need a Devon Expert Witness?

Expert witnesses in civil proceedings in England and Wales are not appointed to represent a particular geographical area. Their overriding duty is to the court, and the appropriate expert should be selected according to the expertise required by the case.

Equally, a solicitor does not need to be based in the same area as the expert or the person being assessed.

Cornwall Psychologist accepts direct instructions from solicitors across England and Wales, including firms in Devon and elsewhere in the South West.

Direct instruction can also allow the solicitor to consider the individual expert's qualifications, experience and suitability for the case rather than selecting primarily according to geographical availability.

More information is available on our Expert Witness Services for Solicitors page.

Neuropsychology Expert Witness Assessments in Devon

For a claimant based in Devon, the ideal arrangement may therefore combine two things:

access to face-to-face assessment without unnecessary long-distance travel, and selection of the expert according to their specialist neuropsychological and medico-legal expertise.

Location can be a practical consideration. It should not be the principal measure of whether an expert is right for the case.

Dr Vikki Hunkin is a Consultant Clinical Neuropsychologist providing independent neuropsychological expert witness reports in personal injury, clinical negligence and capacity cases.

She accepts instructions from solicitors across England and Wales, with face-to-face neuropsychological assessments available in Devon and Cornwall, alongside remote assessment where appropriate.

You can read more about Dr Vikki Hunkin's qualifications and experience or view information about instructing Dr Hunkin as a neuropsychology expert witness.