Selecting and Managing Expert Witnesses in Civil Claims: A Comprehensive Guide for UK Solicitors

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

Selecting and Managing Expert Witnesses in Civil Claims: A Comprehensive Guide for UK Solicitors

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes

Choosing an expert

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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 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

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