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Scottish civil litigation: practical checklist for instructing and managing expert witnesses—need, admissibility, conflicts, selection, availability, instructions (Ikarian Reefer, Hunter v Hanley), UK GDPR, confidentiality and hot‑tubbing

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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 impartial in their presentation and assessment of the...
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Neil Morrison
Neil Morrison

Neil specialises in commercial dispute resolution, with particular focus in the areas of commercial contracts, construction, arbitration, fraud, company law, real estate, professional negligence, insolvency, and defamation. He also has an interest in public law and has knowledge and experience of judicial review.He developed particular expertise in financial disputes during his time working for an award-winning boutique law firm and then a leading international law firm. He was lead solicitor in several high-profile reported Court of Session cases.As a solicitor, Neil appeared in debates and proofs in the Sheriff Court, Employment Tribunal hearings, arbitration proceedings, and a reported Sheriff Principal appeal. In 2016, he became one of only 15 Scottish lawyers Signet Accredited in commercial litigation by the WS Society. The following year Neil was granted extended rights of audience in the Court of Session and the UK Supreme...

Web page updated on 26/05/2026

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