Expert evidence in civil litigation: key cases on experts’ duties, admissibility, independence, joint statements, disclosure, cross-examination, costs and sanctions

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note pinpoints and distils key cases on the responsibilities of legal advisers when collaborating with expert witnesses tasked with preparing and giving evidence in a civil court, and on the duties of the experts themselves. Drawing from those decisions, it highlights what practitioners should avoid or adopt when selecting, instructing and engaging with expert witnesses.

Admissibility of opinion evidence

The admissibility of opinion evidence from witnesses with expertise in the relevant field is addressed in the Supreme Court decision of Kennedy v Cordia (Services). The court set out ‘four considerations which govern the admissibility of skilled evidence’ (the term for expert evidence in civil procedure in Scotland where the case originated) as whether:

the proposed skilled evidence will aid the court in its task
the witness has the requisite knowledge and experience
the witness is objective in the presentation and assessment of the evidence
a reliable body of knowledge or experience underpins the expert’s evidence

These four factors inform and shape the duties of an expert witness, particularly the second and third listed. The second is a matter for a...

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Web page updated on 21/05/2026

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