Adducing expert evidence in financial proceedings
Adducing expert evidence in financial proceedings

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Adducing expert evidence in financial proceedings
  • Who is an expert?
  • One single joint expert or one expert each?
  • Permission and restrictions on expert evidence

This Practice Note provides guidance on the requirements for permission to adduce expert evidence and restrictions on expert evidence, together with considerations as to the appointment of a single joint expert or one expert for each of the parties. It also considers the expert's duty to the court and who is an expert. See Practice Note: Instructing experts in financial proceedings for practical guidance on:

  1. steps to be taken before the formal instruction of an expert

  2. directions that may be given by the court

  3. the letter of instruction

  4. supplementary instructions and directions

  5. the form and content of the expert’s report, and

  6. meetings and discussions between experts

As part of the disclosure process, it will often be necessary to obtain expert evidence regarding the valuation of properties, businesses and other assets (for example, jewellery, antiques or pension benefits). However, such evidence should not be obtained automatically, and although an expert may be instructed by a party to financial proceedings without the permission of the court, the court's permission must be obtained before expert evidence may put before the court (in any form). See also Practice Note: Valuation of assets in financial proceedings.

The provisions regarding expert evidence in financial proceedings are contained in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 and were significantly amended on 31 January 2013 by the Family Procedure