Q&As

Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and for his lost work)

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 08/09/2016

The following Dispute Resolution Q&A produced in partnership with Alex Bagnall of Total Legal Solutions provides comprehensive and up to date legal information covering:

  • Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and for his lost work)
  • Categorisation of witnesses
  • Professional witnesses
  • Professional witnesses who are employees of the litigant
  • Attendance at trial

Can a witness of fact, who is a professional, be paid for his expenses that he has incurred in providing a witness statement? (ie for his time, and for his lost work)

This Q&A deals with the issues which can arise when recovering the costs of a professional who has given evidence within civil litigation.

We have assumed for the purposes of this Q&A that the reference to ‘professional’ in this Q&A refers to an individual who works in a recognised profession (eg doctor, lawyer, architect, etc) rather than as an ‘expert witness’ per se.

Categorisation of witnesses

Witnesses are often considered to fall into one of two categories: expert or lay witnesses.

The distinction between lay and expert witnesses is an important one from a costs perspective. An expert witness is entitled in principle to be remunerated for time spent reporting, responding to Part 35 questions and giving oral evidence. This is reflected in, eg the need, under CPR 35.4, to prepare a cost estimate for the expert’s anticipated costs at the time of seeking permission to adduce that expert. See Practice Note: Applying for permission to adduce expert evidence, most particularly under 'When and how to apply for permission to adduce expert evidence—Rule 35.4' and Practice Note: Cost budgets—form, content and practical considerations.

By contrast, a lay witness is ordinarily entitled to be remunerated in respect of expenses

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