How much do your experts know about the Civil Procedure Rules? Mark Solon investigates
It is the nightmare of every litigator to watch their expert cross examined and the expert revealing a lack of knowledge in their professional field. The credibility of the expert is demolished with potential catastrophic consequences for the case.
Knowledge
I have discussed in previous articles the necessity for careful selection of all experts and then making sure the expert really does have the right qualifications and experience for the issues in question.
However, since October last year, experts are also required to know the Civil Procedure Rules.
The Rules state that all experts’ reports must contain a statement that experts “are aware of the requirements of Pt 35 and Practice Direction 35, this protocol [the Protocol for the Instruction of Experts to Give Evidence in Civil Claims] and the practice direction on pre-action conduct”.
The Rules also state that: “Those intending to instruct experts to give or prepare evidence for the purpose of civil proceedings should consider whether expert evidence is appropriate, taking account of the principles set
