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Guidance for the instruction of experts in civil claims
  • Aug 3, 2023
  • Latest News

1. The purpose of this guidance is to assist litigants, those instructing experts and experts to understand best practice in complying with Part 35 of the Civil Procedure Rules (CPR) and court orders. Experts and those who instruct them should ensure they are familiar with CPR 35 and the Practice Direction (PD35). This guidance replaces the Protocol for the instruction of experts in civil claims
(2005, amended 2009).

2. Those instructing experts, and the experts, must also have regard to the objectives underpinning the Pre‐Action Protocols to:‐
a. encourage the exchange of early and full information about the expert issues involved in the prospective claim;
b. enable the parties to avoid or reduce the scope of the litigation by agreeing the whole or part of an expert issue before proceedings are started; and
c. support the efficient management of proceedings where litigation cannot be avoided.

3. Additionally, experts and those instructing them should be aware that some cases will be governed by the specific pre-action protocols and some may be “specialist proceedings” (CPR 49) where specific rules may apply.

For the full guidance please see