Expert Evidence in Civil Claims: Selecting, Instructing and Managing Expert Advisers and Witnesses under CPR 35, from Permission to Trial (England and Wales)

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Practice notes

This note explores the pivotal contribution of an expert witness in civil proceedings, examining why parties retain them and the practical questions that arise when choosing, instructing and collaborating with them, from initial selection through continued engagement. It underscores the need to support an expert in preserving independence before and throughout the hearing and trial. It also draws a clear line between the respective functions of expert advisers and expert witnesses.

The purpose of an expert witness

In civil litigation, an expert witness may perform one or two core tasks as required. Sometimes both are required; on other occasions, only a single task is needed. The simpler duty is to clarify a technical process or decode terminology from a specialised field that is relevant to the court’s determination of issues between the parties to litigation. Illustrations include describing how a building is constructed, or informing the court of the content of a foreign jurisdiction’s law on a material issue. Such material is frequently treated as non-contentious expert evidence by the court and the parties.

The other function is to provide an opinion grounded in expertise from a domain beyond the court’s ordinary knowledge and experience. For example, in practice, in...

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Web page updated on 21/05/2026

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