Jurisdiction(s):
United Kingdom

Changing an Expert Witness under CPR Part 35 (England and Wales): court approach, expert shopping, disclosure conditions, privilege, practical guidance and key case law

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note considers when a party may seek to substitute its Part 35 expert during the life of a claim. It sets out the circumstances in which such a change might be necessary, flags the predictable accusation from an opponent that the party is engaging in ‘expert shopping’, and indicates the means by which the court will probe whether that is in fact the real motivation for the proposed switch. It also addresses the possibility that permission will only be granted on terms, including a requirement to disclose materials prepared by the initial expert witness.

The court’s approach to a proposal to change an expert

Allowing expert opinion evidence at trial lies within the court’s discretion. A request to replace an expert part‑way through the case is a case management matter, likewise requiring the exercise of that discretion. In dealing with any such application, the court must weigh all relevant considerations and apply the overriding objective in CPR 1. The court will therefore approach the issue justly and even‑handedly, assessing the position from the standpoint of all parties before it...

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Web page updated on 21/05/2026

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