The 93rd Update on Practice Direction Amendments also introduced a change in the rules as to concurrent evidence from experts. This gives the trial judge a considerable degree of flexibility about the way in which expert evidence is heard. These rules came into force on the 22nd November 2017.


1) For paragraphs 11.1 to 11.4 substitute— “

11.1 At any stage in the proceedings the court may direct that some or all of the evidence of experts from like disciplines shall be given concurrently. The procedure set out in paragraph 11.4 shall apply in respect of any part of the evidence which is to be given concurrently.

11.2 To the extent that the expert evidence is not to be given concurrently, the court may direct the evidence to be given in any appropriate manner. This may include a direction for the experts from like disciplines to give their evidence and be crossexamined on an issue-by-issue basis, so that each party calls its expert or experts to give evidence in relation to a particular issue, followed by the other parties calling their expert or experts to give evidence in relation to that issue (and so on for each of the expert issues which are to be addressed in this manner).

11.3 The court may set an agenda for the taking of expert evidence concurrently or on an issue-by-issue basis, or may direct that the parties agree such an agenda subject to the approval of the court. In either case, the agenda should be based upon the areas of disagreement identified in the experts’ joint statements made pursuant to rule 35.12. 4

11.4 Where expert evidence is to be given concurrently, then (after the relevant experts have each taken the oath or affirmed) in relation to each issue on the agenda, and subject to the judge’s discretion to modify the procedure—

(1) the judge will initiate the discussion by asking the experts, in turn, for their views in relation to the issues on the agenda. Once an expert has expressed a view the judge may ask questions about it. At one or more appropriate stages when questioning a particular expert, the judge may invite the other expert to comment or to ask that expert’s own questions of the first expert;

(2) after the process set out in (1) has been completed for any issue (or all issues), the judge will invite the parties’ representatives to ask questions of the experts. Such questioning should be directed towards: (a) testing the correctness of an expert’s view; (b) seeking clarification of an expert’s view; or (c) eliciting evidence on any issue (or on any aspect of an issue) which has been omitted from consideration during the process set out in (1); and

(3) after the process set out in (2) has been completed in relation to any issue (or all issues), the judge may summarise the experts’ different positions on the issue and ask them to confirm or correct that summary.”.