Expert evidence—general considerations
Expert evidence—general considerations

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

  • Expert evidence—general considerations
  • Does the matter require expert evidence?
  • Which sort of expert would be most appropriate?
  • An established field of expertise
  • Is the expert suitably qualified?
  • Examples where expert evidence may be required
  • Expert evidence on foreign law
  • Experts in professional negligence claims
  • Researching experts and considering all forms of expert evidence
  • Passing off and trade mark claims
  • 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 also be read in conjunction with our Practice Note:

  1. Applying for permission to adduce expert evidence

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, para 7

The focus of this Practice Note is general considerations to take into account in the context of expert evidence and whether a matter requires expert evidence. It also provides guidance on the importance of the relevant expertise of experts and proposed experts, the sorts of issues and disputes where expert evidence may be required and researching and considering all forms of expert evidence. Consideration is also given to expert evidence where the claim is subject to pilot schemes operating in the Business and Property courts under Practice Direction 57AB.

Does the matter require expert evidence?

Since the introduction of the April 2013 Jackson Reforms,

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