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View the related practice notes about Adduce

Applying for permission to adduce expert evidence

This Practice Note looks at the process of seeking the court’s permission to adduce expert evidence under CPR 35 and provides guidance on what to consider prior to applying, when and how to apply for permission and what the court will consider when determining whether to grant such permission. It sets out practical tips for those seeking permission to adduce expert evidence and for those opposing; for those seeking to challenge an order granting their opponent permission to call an expert and revoking permission for expert evidence. The Practice Note also considers compliance with directions (including the sanctions that apply under CPR 35.13 for defaulting and practical tips to avoid a breach), issues surrounding the other side’s failure to adduce expert evidence and co-operation between parties in relation to expert evidence.This Practice Note should be read in conjunction with Practice Note: Expert evidence—general considerations.Which provisions should I have in mind when considering expert evidence?Expert witnesses, and those instructing them, are expected to have regard to:•CPR 35 and all relevant CPR...

Expert evidence—Jackson reforms [Archived]

ARCHIVED: Note:•this Practice Note provides guidance on provisions which came into force on 1 April 2013•this Practice Note only addresses the amendments to CPR 35.4. For guidance on the introduction of concurrent expert evidence (also introduced under the Jackson Reforms) or on expert evidence generally, see: Hot-tubbing (Concurrent expert evidence) and Experts' meetings and joint statements respectively•you should also have regard to all relevant provisions set out in any applicable court guide. See: Court guides and other guidanceNOTE: This Practice Note provides a summary of the amendment to CPR 35.4 introduced on 1 April 2014. It does not address developments since that date and is, therefore, not maintained.Lord Justice Jackson's recommendations—effective case managementLord Justice Jackson identified expert evidence as one of the areas in which the cost of litigation could potentially be significantly reduced. He observed that if expert reports ‘are longer than they need to be, or address (at length) matters that are irrelevant or at best peripheral, or which ought not to be covered at all, it is...