Expert Witness Services

Court of Protection: Expert witness services

Our Court of Protection specialists regularly provide independent expert evidence on the likely costs of Court of Protection and deputyship involvement in personal injury and clinical negligence claims.

We are instructed by both claimant and defendant solicitors to prepare Part 35-compliant reports addressing future deputyship costs, and to assist the Court in determining appropriate provision for the long-term management of a protected party’s financial affairs.

Our department is experienced in:

• Preparing detailed expert reports on Court of Protection and deputyship costs
• Advising on costs associated with professional deputyship, case management and administration
• Attending joint discussions with opposing experts
• Participating in conferences with counsel

Our expertise

Our expert witness work is grounded in extensive practical experience of acting as professional deputy in high-value and complex cases. This enables us to provide evidence that is realistic, robust and reflective of the day-to-day management of substantial damages awards.

We are regularly instructed by leading personal injury and clinical negligence firms and are accustomed to working as part of a wider expert team.

Our Court of Protection department is one of the largest of its kind in England and Wales. It is highly ranked in Chambers and Partners and The Legal 500, and was awarded ‘Court of Protection Team of the Year’ at the British Wills and Probate Awards in both 2024 and 2025, reflecting the strength and depth of our expertise.

Why instruct us

Court of Protection costs may come at the end of a schedule of loss, but they should not be an afterthought. Where a claimant lacks capacity to manage their damages, the role of a professional deputy is central, and making appropriate provision for deputyship costs and disbursements is critical.

Our experts have specialised in Court of Protection work for a combined period of more than 40 years. This enables us to provide evidence grounded in a detailed and practical understanding of the responsibilities and challenges faced by deputies on a day-to-day basis, and how these translate into future costs.

We take a bespoke approach to every instruction. Our cost projections are tailored to the individual circumstances of the protected party, taking into account their needs, family situation and the wider expert evidence. We do not adopt a “one size fits all” approach.

Our evidence is informed by, and works alongside, the opinions of other experts in the case. This ensures that our analysis reflects the full picture of the claimant’s circumstances and the likely demands of managing their financial affairs over the long term.

Tom Hall – Expert witness

Tom Hall is a Partner and Head of the Court of Protection department at Hugh James and is regularly instructed as an expert witness in high-value personal injury and clinical negligence claims.

Tom has significant experience in advising on and managing Court of Protection matters, including acting as professional deputy in complex cases involving substantial damages awards. His experience enables him to provide clear, well-reasoned evidence on the likely costs of deputyship and financial management over the long term.

He is experienced in preparing expert reports and engaging in joint discussions with other experts.

Tom Hall is my go-to for Court of Protection financial expert evidence. He is very responsive and willing to turn work around quickly where needed. His statements dealing with future anticipated CoP costs are always well set out, easy to navigate, clear and tailored to the individual case.

Legal 500

Our approach

We understand the importance of providing independent, objective evidence that complies fully with Part 35 duties. Our reports are clear, detailed and tailored to the issues in dispute, assisting the Court in reaching informed decisions.

We adopt a collaborative approach, working closely with instructing solicitors and engaging constructively with other experts to narrow issues where possible.