Arnot Manderson

This Practice Note provides a detailed analysis of the core principles and general considerations involved in the use of expert evidence in Scottish civil litigation. It considers what expert evidence involves, the function of an expert witness and the types of claims where expert evidence is regularly used. It also explains the duties and responsibilities of an expert witness, the admissibility of expert evidence, how to instruct an expert witness and the role of single joint experts.

This Practice Note considers the rules and procedure that relate to leading expert evidence. It covers any pre-action requirements in relation to expert evidence, the application of legal privilege and the disclosure of expert reports. It also covers the practicalities involved in the joint meeting of experts, how to prepare an expert for proof and concurrent evidence (or ‘hot tubbing’).

This Checklist on expert evidence in Scottish civil litigation identifies the key considerations for a solicitor considering instructing an expert in a civil dispute in the Scottish courts.This Practice Note should be read in conjunction with Practice Notes: Expert evidence in Scottish civil litigation—general considerations and Leading expert evidence in Scottish civil litigation—rules and procedure.IssueConsiderationsAssessing the need for an expert witness—What is the nature of the dispute (for example, an expert report is generally required before a claim for professional negligence is raised)?—Is it reasonable and proportionate to use an expert given the value of the claim?—Do you need more than one expert?Admissibility of the expert evidence—Do I need an expert to help the court make a decision in the case?—Does the expert have the necessary knowledge and experience?—Will the expert be impartial