The following paragraphs are taken from the article, “Guidance for the instruction of experts in civil

claims” (August 2014) at Tab 1.

Duties and obligations of experts

9. Experts always owe a duty to exercise reasonable skill and care to those instructing them, and to
comply with any relevant professional code. However, when they are instructed to give or prepare
evidence for civil proceedings they have an overriding duty to help the court on matters within their
expertise (CPR 35.3). This duty overrides any obligation to the person instructing or paying them.

Attendance of experts at court

84. Those instructing experts should ascertain the availability of experts before trial dates are fixed;
keep experts updated with timetables (including the dates and times experts are to attend), the
location of the court and court orders; consider, where appropriate, whether experts might give
evidence vi video link; and inform experts immediately if trial dates are vacated or adjourned.

85. Experts have an obligation to attend court and should ensure that those instructing them are
aware of their dates to avoid and that they take all reasonable steps to be available.

86. Experts should normally attend court without the need for a witness summons, but on occasion
they may be served to require their attendance (CPR 34). The use of witness summonses does not
affect the contractual or other obligations of the parties to pay experts’ fees.

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The following paragraph is taken from the article “The Duties and Responsibilities of Expert Witnesses
- British Orthodontic Society” (2022) at Tab 2.

There is no obligation to act as an expert but once instructions have been accepted there is a duty to
act until the case is concluded or you are discontinued.

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The following passages are taken from the article “Expert Evidence: Legal Guidance” (5 August 2022)
at Tab 3.

Choosing an Expert

An expert may be instructed at any stage of a case, from the outset of the investigation to the point
of trial.

Using the Expert Witness at Court

Every effort should be made to minimise the number of appearances the expert is required to make
in court and to ensure their evidence is deployed to the greatest effect. This can be done through
ensuring that cases are properly managed in accordance with the principles set out above, and
effective case management at court.

For example, it is advisable to ask the court at the Pre-Trial Preparation Hearing to fix a date and
time for the prosecution expert to attend, ensuring that the defence expert attends at the same time.

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The following passage is taken from the article “Expert evidence: is it needed, when will the court
allow it and the importance of staying engaged throughout the proceedings” (6 April 2017) at Tab 4.

As well as early research and preparation into expert evidence, it is equally crucial to obtain an
appropriate order at the case management conference(s), for the parties to engage fully with each
other during the proceedings, to monitor the need for expert evidence throughout and if that needs
changes, to obtain an amended order as soon as possible.