Court of Protection: expert witnesses
The question is whether a particular person can make a particular decision at the relevant time. Property, welfare, deputyship and statutory-will work call for evidence that stays tied to that decision rather than a general label of incapacity.
The evidence
The disciplines this matter instructs
The register should be searched by the question a practitioner is asked to answer, not by a generic medical title.
Select the relevant disciplines, then agree scope, fees and availability directly with the practitioner.
Find experts for court of protection mattersJurisdiction
The context behind the instruction
The Court of Protection and the Mental Capacity Act apply in England and Wales. Scotland and Northern Ireland operate under separate capacity frameworks.
For nation-specific context, see expert evidence across the UK. The register does not determine legal issues or provide legal advice.
Report routes
Reports commonly considered
care needs assessment reports and records review reports provide distinct forms of evidence. Their scope should follow the issues, available records and the questions put to the expert.
Directory search
Court of Protection listings
Questions answered
Frequently asked questions
Which disciplines are instructed in Court of Protection cases?
The discipline follows the question in issue - breach, causation, condition or future needs - and Court of Protection cases often need more than one to tell the whole story. This page maps the specialties most commonly instructed, each opening the register already filtered, so a shortlist is one click away.
Can one expert deal with both breach and causation in a Court of Protection case?
Sometimes, where both questions sit within a single specialty - but courts expect an expert to stay within their own expertise, so the two are often split across disciplines. The disciplines mapped above reflect the usual division of labour for this claim type.
What must a Court of Protection expert report comply with?
In England and Wales, CPR Part 35 and its Practice Direction: the expert's qualifications, the material relied on, the basis of each opinion, the range of reasonable opinion where it exists, and the statement of truth. The other UK jurisdictions impose equivalent requirements, and the report follows the forum it is written for - a CICA application, a redress scheme or the Court of Protection each expect their own format.
Can an addendum or supplementary report be requested as the case develops?
Yes - new records, Part 35 questions or a changed prognosis are routinely dealt with by addendum rather than a fresh instruction, and continuity with the original expert is usually the efficient route. The register's report-type pages cover the formats, from screening and records review through to joint statements and addendum reports.