Arnot Manderson
3 Contributions by Arnot Manderson Experts
PRACTICE NOTES
This Practice Note offers clear direction on the rules and processes governing the presentation of expert evidence. For an overview of the key principles and wider issues concerning expert evidence in Scottish civil litigation, also refer to Practice Note: Expert evidence in Scottish civil litigation—general considerations.
Are there any pre-action requirements or other procedural rules regarding early disclosure of expert evidence?
Pre-action protocols oblige disputing parties to engage constructively before proceedings are formally commenced. Their purpose is to promote early contact and the informed sharing of information, such as expert reports. Non-compliance with pre-action duties can frequently affect awards of expenses for the parties. Likewise, certain procedures feature active judicial case management, extending to matters of expert evidence and its handling. For ordinary actions, in both the sheriff court and the Court of Session, there are no compulsory pre-action steps presently required. However,
Dispute Resolution
PRACTICE NOTES
What is the function of an expert witness?
This Practice Note offers an in-depth examination of the fundamental principles and broad considerations governing the use of expert evidence in Scottish civil litigation. For practical guidance on the applicable rules and procedural steps concerning expert witnesses and their evidence, see Practice Note: Leading expert evidence in Scottish civil litigation—rules and procedure.
In Scotland, the term ‘skilled witness’ is frequently used as a synonym for ‘expert witness’. For consistency, this Practice Note adopts ‘expert witness’. Expert evidence arises where an individual applies their specialist knowledge and expertise to assist the court. An expert witness deploys that specialist learning to provide factual testimony and to express opinions on facts that are agreed or that others have presented to the court.
This stands in clear contrast to a lay witness to fact, who is restricted to recounting matters they have
Dispute Resolution
CHECKLISTS
Checklist on expert evidence in Scottish civil litigation
This checklist outlines the principal factors for a solicitor contemplating engaging an expert in a civil dispute before the Scottish courts. It should be read alongside Practice Notes: Expert evidence in Scottish civil litigation-general considerations and Leading expert evidence in Scottish civil litigation-rules and procedure.
Issue Considerations
Assessing the need for an expert witness
What kind of dispute is involved (for instance, a professional negligence claim will typically require an expert report before proceedings are commenced)?
Is instructing an expert reasonable and proportionate when measured against the value of the claim?
Is there a need to instruct more than one expert?
Admissibility of the expert evidence
Is expert assistance required to enable the court to decide the issues?
Does the expert possess the appropriate knowledge and experience?
Will the expert remain
Dispute Resolution
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