Frequently asked Questions

REPORTS

Are Expert Witness Reports always necessary in  case of an accident?

Not always. If the Parties can reach an agreement, a Report is not always necessary. Alternatively, a Liability Report may be commissioned as a pre-cursor to an Expert Witness Report.

Is it necessary to have a site visit?

To be able to provide a full report a site visit is required.

Can a Report be prepared if a golf ball leaves the golf course? 

Yes. 

Many older golf courses have been surrounded by houses or roads. 

Golf balls leaving the course is a common cause of accidents or damage to property.

How long does a Report take to prepare?

2 -3 weeks from the date of the site visit.

What is CPR 35?

The abbreviation CPR stands for Civil Procedure Rules. CPR35 is part of theseRules and are used for expert evidence in Civil Courts in England or Wales. They require an Expert to give impartial, court-focused reports and comply with procedural standards.    

Is the Expert Witness Report always in CPR compliant format? 

Yes in the UK. Local legislation is applied overseas.

ORAL EVIDENCE

Have you given evidence in Court in the UK?

Yes and in Ireland, Spain and Northern Ireland.

PROTECTION

Do trees offer significant protection?

No. 

Trees are mostly air and do not offer not good protection – they can also act as surfaces from which rebounds occur.

What about fencing?

Fencing can provide protection but needs to be designed to intercept appropriate trajectories.

DESIGN SAFETY GUIDANCE

Are there definitive safety publications?

Yes. 

There have been many publications produced over the years but the only comprehensive publicly available documents were written by me on behalf of the PGA of Great Britain and Northern Ireland. 

This design guidance allows Safety Audits of all situations on golf courses and driving ranges and have been accepted as authority in Courts.

REPORT COSTS

What are the costs of Expert Witness Reports and Risk Assessments?

The costs of reports are standard and are contained in a proposal document which would normally be sent on receipt of an enquiry. Any disbursements are charged at cost but detailed in a proposal.        

DIFFERENT REPORTS

What is the difference between and Expert Witness Report and a Liability Report?

An expert witness report is a formal report prepared by an independent expert for use in legal proceedings. If the case is governed by the Civil Procedure Rules (CPR), the report must comply with CPR Part 35 and the accompanying Practice Direction.

The expert's overriding duty is to the court, not to the party instructing them.

A liability report is a report that focuses specifically on the issue of legal liability. It asks questions such as:

• Was there a breach of the relevant standard of care?

• Were reasonable precautions taken?

• Did the defendant comply with accepted industry practice?

• Did any breach contribute to the accident?

A liability report is usually prepared by an expert witness, but it can also refer to an internal assessment prepared by insurers or solicitors before proceedings begin. Such internal reports are not necessarily CPR Part 35 compliant.

Which term should you use?

If your reports are intended for court proceedings, "Expert Witness Report" is the stronger and more accurate description because it encompasses liability as well as other technical issues.

INSTRUCTION

Who can instruct an Expert Witness?

Anyone can instruct an Expert Witness Report but instructions are normally from Solicitors, Barristers or Insurers.

Are you an accredited Expert Witness?

Yes I was vetted and accredited in 2026.