Choosing an expert
Choosing an expert

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

  • Choosing an expert
  • Duty of the solicitor
  • Finding a potential expert
  • Selecting the right expert
  • Conflicts of interest or an interest in the outcome
  • Immunity
  • Experts' fees
  • Changing experts

This Practice Note should be read in conjunction with:

  1. Practice Notes: Expert evidence—general considerations, Applying for permission to adduce expert evidence, Instructing the expert and Instructing an expert under the Guidance for the instruction of experts in civil claims

  2. Checklist—letter of instruction to expert

Duty of the solicitor

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'). 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

Practical tip: you may wish to provide copies of these provisions to your expert to ensure they understand their duties. This may be particularly important given:

  1. the expert's requirement to confirm, in their report, that they understand, have complied with and will continue to comply with their overriding duty to the court and that they are aware of and have complied with their requirements under CPR 35, CPR PD 35 and the Guidance (para 52 of the Guidance)

  2. the need to ensure the court considers your expert to be credible

In Mengiste, Peter Smith J noted there had been ‘significant failures’ on the part of the solicitors and the