Expert Evidence under CPR 35 and CEA 1972: Admissibility, ‘Reasonably Required’ Threshold, Foreign Law and Split Trials (England and Wales)

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Practice notes

This Practice Note

This Practice Note examines the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it addresses whether such evidence is admissible, the courts’ assessment of whether expert opinion is ‘reasonably required to resolve the proceedings’ so as to justify permission to adduce it under CPR 35.1, and the difficulties that can arise where the trial is split.

When instructing experts, you are expected to have regard to:

all relevant CPR Rules and Practice Directions
the Guidance for the instruction of experts in civil claims (the Guidance). The Guidance superseded the 'Protocol for the Instruction of Experts to give Evidence in Civil Claims', formerly annexed to CPR PD 35, with effect from 1 December 2014
Practice Direction Pre-Action Conduct and Protocols, para 7, and the provisions of any specific protocol applicable to the claim (for example, the Professional Negligence Pre-Action Protocol, para 11, and the Pre-Action Protocol for Disease and Illness claims, para 9)

This Practice Note offers guidance on how the relevant provisions of the CPR should be interpreted and applied...

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Web page updated on 21/05/2026

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