GUIDANCE ON INSTRUCTING EXPERTS (3): THE INSTRUCTION OF EXPERTS: THE CIVIL JUSTICE COUNCIL GUIDANCE

We are returning to the Civil Justice Council “Guidance for the instruction of experts in civil claims”. This time the guidance on the instruction of experts. Remember this guidance is incorporated into the rules.  It provides a essential information as to the information to be given to the expert.

 

“Instructions

20. Those instructing experts should ensure that they give clear instructions
(and attach relevant documents), including the following:
a. basic information, such as names, addresses, telephone numbers,
dates of incidents and any relevant claim reference numbers;
b. the nature of the expertise required;
c. the purpose of the advice or report, a description of the matter(s) to
be investigated, the issues to be addressed and the identity of all parties;
d. the statement(s) of case (if any), those documents which form part
of disclosure and witness statements and expert reports that are relevant
to the advice or report, making clear which have been served and which
are drafts and when the latter are likely to be served;
e. where proceedings have not been started, whether they are
contemplated and, if so, whether the expert is being asked only for
advice;
f. an outline programme, consistent with good case management and
the expert’s availability, for the completion and delivery of each stage of
the expert’s work; and
g. where proceedings have been started, the dates of any hearings
(including any case/costs management conferences and/or pre-trial
reviews), the dates fixed by the court or agreed between the parties for the
exchange of experts’ reports and any other relevant deadlines to be
adhered to, the name of the court, the claim number, the track to which
the claim has been allocated and whether there is a specific budget for the
experts’ fees.
21. Those instructing experts should seek to agree, where practicable, the
instructions for the experts, and that they receive the same factual material.”