This Practice Note highlights some issues to consider when instructing an expert under CPR 35 and the Guidance for the instruction of experts in civil claims. It focuses on the important issue of the optimum time to appoint an expert, giving guidance on the sorts of issues to consider, particularly if appointing pre-issue of a claim form. Practical assistance is given on the letter of instruction and accompanying documents. Communications with experts, including privilege, are also addressed.

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'). See Practice Note: Instructing an expert under the Guidance for the instruction of experts in civil claims

3. •

   the Practice Direction Pre-action Conduct and Protocols, para 7 and any other protocol that applies to the type of claim

4. •

   any other guidance relating to their expertise

This Practice Note assumes permission has been obtained to adduce expert evidence and that this is not a case where a single joint