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Civil Justice Council issues new guidance on instructing experts in civil claims

The Civil Justice Council has published new guidance on the instruction of experts in civil claims ahead of the removal of the Protocol on experts in Practice Direction 35 of the Civil Procedure Rules.  The new guidance is not formally in force at present, but will replace the protocol in the autumn.  The new guidance covers:

  • Selecting and instructing experts;
  • The need for experts;
  • Duties and obligations of experts;
  • The appointment of experts;
  • Instructions;
  • Acceptance of instructions;
  • Experts’ withdrawal;
  • Experts’ right to ask court for directions;
  • Experts’ access to information held by the parties;
  • Single joint experts;
  • Joint instructions;
  • Conduct of the single joint expert;
  • Cross-examination of the single joint expert;
  • Experts’ reports;
  • Conclusion of reports;
  • Sequential exchange of experts’ reports;
  • Amendment of reports;
  • Written questions to experts;
  • Discussions between experts;
  • Attendance of experts at court;
  • Experts and conditional and contingency fees;
  • Sanctions.    

A copy of the guidance can be viewed here.
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