Admissibility of expert evidence
Admissibility of expert evidence

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

  • Admissibility of expert evidence
  • Admissibility of expert evidence—CEA 1972
  • Is expert evidence admissible and 'reasonably required'—Rule 35.1
  • Declaring sections of expert reports inadmissible
  • Court specific guidance

This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it considers whether evidence is admissible and the courts’ approach as to whether expert evidence is ‘reasonably required to resolve the proceedings’ so as to grant permission to adduce that expert evidence under CPR 35.1.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

For guidance on applying for permission to adduce expert evidence under CPR Part 35, see Practice Note: Applying for permission to adduce expert evidence.

Note that when instructing experts, you are expected to have regard to:

  1. all relevant CPR Rules and Practice Directions

  2. the Guidance for the instruction of experts in civil claims (the Guidance). The Guidance replaced the 'Protocol for the Instruction of Experts to give Evidence in Civil Claims', which had been annexed to CPR PD 35, on 1 December 2014

  3. Practice Direction Pre-Action Conduct and Protocols, para 7

Admissibility of expert evidence—CEA 1972

The admissibility of a witness’s opinion evidence is set out in CEA 1972, s 3. The CEA 1972 provides that where a person is called as a witness in