GUIDANCE ON INSTRUCTING EXPERTS (2): THE APPOINTMENT OF EXPERTS: THE CIVIL JUSTICE COUNCIL GUIDANCE

The importance of the guidance given by the Civil Justice Council  “Guidance for the instruction of experts in civil claims” is often overlooked.  Not only are few people aware of exist of the guidance, fewer still are aware that it is incorporated into the rules by . PD 35.1.  Here we look at the guidance in relation to the selection and appointment of experts. A later post will look at the guidance in relation to the instruction of experts.

 

 

“Experts and those instructing them are expected to have regard to the guidance contained in the Guidance for the Instruction of Experts in Civil Claims 2014 at www.judiciary.gov.uk.” (PD 35.1).

THE GUIDANCE

“The appointment of experts

16. Before experts are instructed or the court’s permission to appoint named
experts is sought, it should be established whether the experts:
a. have the appropriate expertise and experience for the particular
instruction;
b. are familiar with the general duties of an expert;
c. can produce a report, deal with questions and have discussions with
other experts within a reasonable time, and at a cost proportionate to the
matters in issue;
d. are available to attend the trial, if attendance is required; and
e. have no potential conflict of interest.
17. Terms of appointment should be agreed at the outset and should normally
include:
a. the capacity in which the expert is to be appointed (e.g. party
appointed expert or single joint expert);
b. the services required of the expert (e.g. provision of an expert’s
report, answering questions in writing, attendance at meetings and
attendance at court);
c. time for delivery of the report;
d. the basis of the expert’s charges (e.g. daily or hourly rates and an
estimate of the time likely to be required, or a fixed fee for the services).
Parties must provide an estimate to the court of the costs of the proposed
expert evidence and for each stage of the proceedings (CPR.35.4(2);
e. travelling expenses and disbursements;
f. cancellation charges;
g. any fees for attending court;
h. time for making the payment;
i whether fees are to be paid by a third party;
j. if a party is publicly funded, whether the expert’s charges will be
subject to assessment; and
k. guidance that the expert’s fees and expenses may be limited by the
court (note expert’s recoverable fees in the small claims track cannot
exceed £750: see PD 27 paragraph 7 ).
18. When necessary, arrangements should be made for dealing with
questions to experts and discussions between experts, including any directions
given by the court.
19. Experts should be kept informed about deadlines for all matters
concerning them. Those instructing experts should send them promptly copies of
all court orders and directions that may affect the preparation of their reports or
any other matters concerning their obligations.”