PROTOCOL FOR THE INSTRUCTION OF EXPERTS: THE NEW BITS

There has been much coverage of the forthcoming changes to the guidance for the instruction of experts in civil claims.  There have been several additions which impose specific duties upon solicitors. 

SOLICITOR MUST MAKE POSITION CLEAR IF FURTHER DOCUMENTS ARE SENT TO EXPERT

“31. If a solicitor sends an expert additional documents before the report is
finalised the solicitor must tell the expert whether any witness statements or expert
reports are updated versions of those previously sent and whether they have been
filed and served.”

SOLICITOR MUST CHECK THAT ANY DOCUMENTS OR STATEMENTS RELIED UPON BY THE EXPERT ARE THE FINAL SERVED VERSIONS

“Prior to service of reports
61. Before filing and serving an expert’s  report solicitors must check that any
witness statements and other experts’ reports relied upon by the expert are the final
served versions. ”

SOLICITOR MUST INFORM THE EXPERT WHEN THE CASE IS CONCLUDED

“87. When a case has been concluded either by a settlement or trial the solicitor
should inform the experts they have instructed.”