Jurisdiction(s):
United Kingdom

Expert witnesses in Scottish civil litigation: function, admissibility, independence and practical guidance on instructing single or joint experts

Published by a LexisNexis Dispute Resolution expert

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 personally observed; any opinion they offer will ordinarily be inadmissible. See: Expert witnesses: Stair Memorial Encyclopaedia [180].

The expert’s role is to assist the court by supplying insight from a specialist discipline—such as art, science, or craft—so that an informed decision can be made; it is not to advance their client’s case...

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Neil Morrison

Arnot Manderson

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 21/05/2026

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