Guidance
CJC Guidance for the Instruction of Experts
The Civil Justice Council's Guidance for the Instruction of Experts in Civil Claims sits alongside Part 35 and PD 35 and explains good practice in detail — from selection and instruction to joint statements and giving evidence.
Key points
- Experts should only accept instructions in matters genuinely within their expertise and current competence.
- Terms (including fees and basis of charging) should be agreed at the outset — fees must never be contingent on the outcome of the case.
- Experts must keep their duty to the court paramount and remain independent throughout, including in discussions with the other side's expert.
- Conflicts of interest, and anything that might affect independence, must be disclosed as soon as they are known.
- Joint statements should be a genuine meeting of expert minds — experts must not be pressed by instructing parties to alter an honestly held view.
Independence is incompatible with outcome-based fees. Our introduction fee is a flat 5% of the report fee, charged regardless of the case result, precisely so it does not touch the expert's independence.
Official sources
General information to help experts and instructing parties understand the framework for expert evidence in England & Wales. It is not legal advice. Always work from the current official sources, which are linked on each page.