Chris Pamplin considers revised guidance for expert witnesses & those who instruct them
In 2005 the Civil Justice Council (CJC) published guidance on instructing experts to give evidence in civil claims, and this is now annexed to Civil Procedure Rules (CPR) Practice Direction (PD) 35.
Although the guidance was updated in 2009, there have been no significant changes since its inception.
However, in July 2012, a CJC working party published revised guidance for the instruction of experts (see http://www.jspubs.com/Experts/library/lib_eridx.cfm).
It is designed, say its authors, to help litigants, instructing solicitors and expert witnesses to understand best practice in meeting the requirements of the CPR.
The CJC expects that this revised version will replace the Experts’ Protocol currently appended to PD35. However, before it comes into force, it needs to be reviewed and approved by the Civil Procedure Rules Committee - such matters are seldom swiftly done.
Although the substance of the guidance is not radically different from the 2005 version, there are some subtle changes and one or two quite significant ones. One clear difference is how the guidance has been structured.
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