Applying for permission to adduce expert evidence
Applying for permission to adduce expert evidence

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

  • Applying for permission to adduce expert evidence
  • Which provisions should I have in mind when considering expert evidence?
  • Do I need permission to adduce expert evidence?
  • When and how to apply for permission to adduce expert evidence—Rule 35.4
  • Application for permission to adduce expert evidence
  • Can I have two experts even though the other side only needs one?
  • Court considerations when granting permission for expert evidence
  • Order granting permission for expert evidence
  • Refusing permission to adduce expert evidence
  • Opposing or challenging an order for permission to call expert evidence
  • more

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.

This Practice Note should be read in conjunction with Practice Note: Expert evidence—general considerations.

Which provisions should I have in mind when considering expert evidence?

Expert witnesses, and those instructing them, are expected to have regard to:

  1. CPR 35 and all relevant CPR Rules and Practice Directions

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

  3. Practice Direction Pre-Action Conduct and Protocols

Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

Do I need permission to adduce expert evidence?

Yes. CPR 35.4 provides there is no right for a party to call an expert to give oral evidence at trial or to put in (and seek to rely on) an expert's report without the court's permission, irrespective of the track on which your claim is proceeding.

In the context of interim or interlocutory applications, the courts have