Jurisdiction(s):
United Kingdom

Expert evidence in Scottish civil litigation: pre-action requirements, privilege, joint expert meetings, preparing for proof, and concurrent evidence (hot-tubbing) in commercial and personal injury cases

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note offers clear direction on the rules and processes governing the presentation of expert evidence. For an overview of the key principles and wider issues concerning expert evidence in Scottish civil litigation, also refer to Practice Note: Expert evidence in Scottish civil litigation—general considerations.

Are there any pre-action requirements or other procedural rules regarding early disclosure of expert evidence?

Pre-action protocols oblige disputing parties to engage constructively before proceedings are formally commenced. Their purpose is to promote early contact and the informed sharing of information, such as expert reports. Non-compliance with pre-action duties can frequently affect awards of expenses for the parties. Likewise, certain procedures feature active judicial case management, extending to matters of expert evidence and its handling. For ordinary actions, in both the sheriff court and the Court of Session, there are no compulsory pre-action steps presently required. However, particular specialist procedures do call for proactive, early mutual exchange of expert reports and continuing dialogue and discussion about expert evidence. Two principal procedures imposing such requirements are briefly outlined below...

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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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