Related Sector: Expert Witness

The Civil Justice Council Guidance for the Instruction of Experts in Civil Claims has just been published and it is worth you checking what it says.

It is not formally in force at present, although it is intended that it should replace the Protocol on experts which currently forms part of Practice Direction 35 of the Civil Procedure Rules. The Guidance has been issued in anticipation of the Protocol’s removal from the Practice Direction in the autumn, when the Guidance will be in force. Have a look at the Guidance on the Judiciary website. Also the article in this week’s Solicitors Journal.

Things to note:

  • If a solicitor sends an expert additional documents before the report is finalised the solicitor must tell the expert whether any witness statements or expert reports are updated versions of those previously sent and whether they have been filed and served.
  • Before filing and serving an expert’s report solicitors must check that any witness statements and other experts’ reports relied upon by the expert are the final served versions. 
  • When a case has been concluded either by a settlement or trial the solicitor should inform the experts they have instructed. This will remind you to send in your final bill!

The subject will be raised at the Bond Solon Expert Witness Conference on Friday 7 November.

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