SINGLE JOINT EXPERT WITNESS — HARLEY STREET LEGAL

When Both Sides Need One Expert They Can Trust

When the court directs a single joint expert in a plastic surgical matter, the appointment demands an expert both parties can accept and the court can rely upon. Professor Sandip Hindocha FRCS(Plast) accepts SJE appointments across scarring, burns, hand injury, and reconstructive cases — delivering independent, CPR Part 35 compliant assessment that moves cases forward without the cost and delay of competing expert opinions.

Single Joint Expert Witness consultation

500+

Expert Witness Instructions

20+

Years Medico-Legal Practice

Both

Claimant & Defendant Accepted

100%

CPR Part 35 Compliant

UNDERSTANDING THE SJE ROLE

The Expert Appointed By Both Parties

Under CPR Part 35.7, the court may direct that expert evidence in a particular field be given by a single joint expert rather than each party instructing their own. In plastic surgical claims — where the expert opinion shapes the quantum — the SJE appointment carries particular weight.

A single joint expert is instructed by agreement between the parties, or directed by the court, to provide the expert opinion that both sides will use. The SJE owes their overriding duty to the court, not to either instructing party. Their opinion carries the same evidential force as any Part 35 report — and in many cases, where no challenge is raised, it determines the outcome.

Court-Directed Independence

The SJE is not the claimant’s or defendant’s expert. They are the court’s expert, instructed jointly and owing their overriding duty to justice rather than to either side.

Equal Access for Both Parties

Both parties provide instructions, medical records, and questions to the SJE simultaneously. Neither party has a privileged relationship with the expert.

Written Questions (CPR 35.6)

After the report is served, either party may put written questions to the SJE. The answers form part of the expert’s report and carry the same evidential weight.

Cost Efficiency

A single joint expert eliminates the cost of two competing experts, two reports, and often a contested joint statement — making the SJE route considerably more cost-proportionate.

SJE CASE TYPES ACCEPTED

Plastic Surgical Cases We Accept as SJE

Professor Hindocha accepts single joint expert appointments across the full spectrum of plastic and reconstructive surgical claims, providing courts with authoritative, independent opinion on causation, prognosis, and quantum.

Burn & Scarring Claims

Post-traumatic scarring, thermal burns, keloid and hypertrophic scarring, revision requirements and prognosis.

Hand & Upper Limb Injury

Complex hand trauma, tendon injury, fingertip amputation, replantation viability, and functional loss assessment.

Nerve Injury & Sensation Loss

Digital nerve, brachial plexus and sensory nerve injuries — causation, permanence of deficit, and prognosis.

Facial Trauma & Reconstruction

Facial lacerations, fractures with soft tissue consequence, scar mapping, and reconstruction outcome opinion.

Dog Bite & Animal Attacks

Multi-wound assessment, scar distribution and severity, long-term appearance impact, and psychological sequelae.

Post-Operative Complications

Seroma, wound breakdown, implant-related complications, revision requirements, causation, and breach of duty.

Industrial Accident Injuries

Degloving, crush injury, traumatic amputation claims — functional loss, reconstructive options, and quantum.

Aesthetic Complication Claims

BIA-ALCL, implant failure, botched procedures — causation vs pre-existing condition, and corrective surgery costings.

WHY CHOOSE PROF. HINDOCHA AS SJE

The Standard Both Parties Require from Court

When both parties must agree on a single expert, that expert’s standing matters. Professor Hindocha’s appointments are rarely challenged — because his qualifications, currency of practice, and understanding of CPR Part 35 obligations are not in dispute.

FRCS(Plast) — highest UK specialist plastic surgical qualification
Active NHS Consultant and Harley Street Plastic Surgeon
Appointed in claims from £50k to multi-million pound valuations
Strict compliance with CPR Part 35 and accompanying Practice Direction
Joint instructions welcomed from claimant and defendant solicitors

CPR Part 35 Trained Expert

Professor Hindocha understands the expert’s overriding duty to the court and complies strictly with CPR Part 35, the Practice Direction, and all applicable court protocols.

Dual NHS & Private Practice

Current NHS consultant and Harley Street private practice ensures opinions on surgical standards, referral pathways, and NHS vs private costings are grounded in current reality.

Accepted by Both Sides

His independence is recognised by claimant and defendant solicitors alike. Challenges to his appointment as SJE are uncommon, saving costs and reducing delay for all parties.

Proportionate SJE Fees

SJE fees are agreed upfront, shared equally between the parties, and structured to keep expert costs proportionate to the claim value — with no hidden add-ons.

THE SJE INSTRUCTION PROCESS

From Agreement to Report in Four Steps

Agree the Appointment

Both parties agree on Professor Hindocha as SJE — or the court directs — identifying the questions to be addressed and the scope of the report.

Joint Instructions Served

Solicitors serve a joint letter of instruction with all relevant medical records, photographs, and the agreed questions the SJE must address.

Report Prepared & Served

An independent, CPR Part 35 compliant report is prepared and served simultaneously on both parties and, where required, filed with the court.

Written Questions (CPR 35.6)

Either party may raise written questions within 28 days of the report. The expert’s answers form part of the report and carry the same evidential weight.

SCOPE OF THE SJE REPORT

What the Report Covers and Excludes

What the Report Covers

Causation — mechanism and medical causation of the injury

Diagnosis — clinical diagnosis and severity grading

Prognosis — likely trajectory without and with surgical intervention

Surgical Opinion — requirement, timing, and viability of reconstruction

Psychological Impact — recognised sequelae from visible scarring

Pre-existing Conditions — relevant comorbidities and apportionment

What the Report Does Not Do

The SJE does not advocate for either party — the duty is to the court

The report is not privileged or confidential to one side

Breach of duty opinions are outside scope unless specifically directed

The SJE cannot be instructed unilaterally after appointment

Questions beyond the agreed scope require both parties’ agreement or court direction

SJE VS PARTY-APPOINTED EXPERT

Understanding the Key Differences

The distinction matters for cost, strategy, and how the court will receive the expert evidence. Solicitors should understand both routes before seeking directions.

Single Joint Expert

Appointed jointly by both parties or directed by the court under CPR 35.7

Overriding duty to the court — not to either instructing party

One report served on both parties simultaneously — no privilege

Expert fees shared equally between claimant and defendant

Questions only via CPR 35.6 written questions procedure

No joint statement required — the single report stands

Challenging the opinion requires court permission or further direction

Party-Appointed Expert

Instructed unilaterally by one party only

Duty to court, but initially engaged and briefed by one side

Report may remain privileged and not disclosed to the other side

Fees borne entirely by the instructing party

Joint statement required if both parties instruct their own experts

Cross-examination at trial is a real prospect

Costs risk if court finds dual-expert instruction disproportionate

EVIDENCE STANDARDS

What Makes an SJE Opinion Court-Ready

Every report produced by Professor Hindocha meets the technical requirements of CPR Part 35 and is structured to withstand scrutiny by both parties and the court.

Expert's Declaration

Every report contains the Part 35 declaration confirming the expert understands and has complied with the overriding duty to the court.

Factual Foundation

Opinions are grounded in the claimant’s clinical records, photographs, and the agreed factual matrix. Assumptions made are clearly stated.

Reasoned Opinion

Each opinion is supported with clinical reasoning and, where applicable, referenced to peer-reviewed literature and current surgical guidelines.

Methodology Disclosed

The examination method, assessment tools used, and criteria applied to reach each opinion are disclosed within the body of the report.

QUANTUM & COST GUIDANCE

Surgical Costings the Court Can Rely On

As a practising NHS consultant and Harley Street surgeon, Professor Hindocha provides contemporaneous costings for all recommended interventions — not estimates sourced from outdated schedules but figures reflecting the actual current cost of care.

Where appropriate, both NHS and private sector costs are provided, with an opinion on which route is clinically appropriate and within what timeframe treatment should be undertaken.

Costings Typically Addressed

Scar revision surgery — cost, staging, and expected outcome

Reconstructive procedures — NHS vs private comparative costs

Psychological therapy — recommended duration and rate

Laser and non-surgical treatment requirements

Prosthetics, aids, and adaptive equipment

Future review appointments and long-term monitoring

FREQUENTLY ASKED QUESTIONS

Common Questions About SJE Appointments

How are SJE fees arranged?

SJE fees are agreed between the expert and both parties’ solicitors before instruction. The standard practice is for fees to be split equally between the claimant and defendant, though the court retains discretion to direct otherwise. Professor Hindocha’s fee schedule for SJE appointments is available on request and is structured to be proportionate to the complexity and value of the claim.

Can I object to the proposed SJE?

Yes. If one party does not agree to the proposed SJE, they may object — but an objection must be raised promptly and be well-founded. Bare refusal to agree to a well-qualified expert is unlikely to be accepted by the court. If agreement cannot be reached, either party may apply to the court for directions, and the court may appoint the expert of its own choosing.

What if both parties cannot agree on an SJE?

If the parties cannot agree on a single joint expert, the court has power under CPR 35.7 to direct that a single joint expert be used and, if necessary, to select or approve that expert. The court will typically invite each party to nominate candidates before making a direction. In practice, Professor Hindocha’s credentials mean his appointments are rarely contested.

Can an SJE be called to give oral evidence?

An SJE may only give oral evidence at trial with the court’s permission. This is relatively uncommon — the written report and any written answers to CPR 35.6 questions usually suffice. Where oral evidence is directed, both parties have an opportunity to question the expert, but the examination proceeds differently from a party-appointed expert who may face more adversarial cross-examination.

What is the difference between written questions and cross-examination?

Written questions under CPR 35.6 are the primary mechanism for challenging or clarifying an SJE’s opinion. They must be submitted within 28 days of the report, must be for clarification only, and the answers form part of the expert’s report. Cross-examination is a trial procedure and only occurs if the court gives permission for oral evidence — which is the exception, not the rule, for SJE appointments.

How long does an SJE report take?

Turnaround times depend on case complexity, the volume of records, and appointment availability. Standard SJE reports are completed within 4–6 weeks of the examination and receipt of complete records. Expedited appointments can be arranged where court deadlines require a shorter turnaround. Timescales are confirmed at the point of instruction.

SOLICITOR FEEDBACK

What Instructing Solicitors Have Said

“

The report was meticulous, balanced, and exactly what the court required. Both sides accepted it without challenge — the matter settled at JSM the following week.

Senior Partner, Claimant PI Team

“

Professor Hindocha’s understanding of CPR Part 35 is evident throughout. The written answers to our CPR 35.6 questions were thorough and removed all ambiguity on the quantum issue.

Defendant Costs Solicitor, London

“

In twenty years of instructing medical experts, I have rarely encountered an SJE whose opinion went unchallenged by both parties. This was one of those occasions.

Senior Litigation Partner, National Firm

INSTRUCT PROFESSOR HINDOCHA AS SJE

Ready to Submit Your Joint Instruction?

Professor Hindocha accepts SJE appointments across all plastic surgical disciplines. Contact us to confirm availability, discuss proportionate fees, or submit a joint letter of instruction directly.