Choosing an expert witness

Copyright © 2025 LexisNexis
Published by a LexisNexis Dispute Resolution expert
Practice notes

Choosing an expert witness

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes
imgtext

This Practice Note should be read in conjunction with:

  1. •

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

  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') which came into effect on 1 December 2014, replacing a previous protocol for instructing experts

  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 if they are later cross-examined on their understanding. Under the Guidance an expert is required 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

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Rules definition
What does Rules mean?

The detailed provisions of a pension scheme.

Read more readmore

Popular documents

Exhibits to witness statements and affidavits

Exhibits to witness statements and affidavitsThis Practice Note focuses on exhibits to factual witness statements and affidavits. It explains what an exhibit is and sets out practical considerations to take into account when preparing exhibits, setting out where the requirements differ between

Privilege—joint and common interest privilege

Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege and common interest privilege, including where they are relevant, how they arise, their key features, how they operate, examples and how they can be waived.The interest in privileged documents

Single joint experts

Single joint expertsThis Practice Note explains when you might choose or be ordered to appoint a single joint expert (SJE) (under CPR 35.1 and CPR 35.2(2)). It looks at selection, appointment, instruction, conduct and fees and track and court specific guidance. Guidance is also given on how to

Pre-action disclosure—key considerations and cases

Pre-action disclosure—key considerations and casesThe purpose of pre-action disclosureAn applicant may ask a court to order that a potential defendant to civil proceedings should disclose to them (before proceedings have begun) documents likely to be in the potential defendant’s control that they