The Civil Justice Council has issued a new Protocol for the Instruction of Experts to give Evidence in Civil Claims. It applies to all experts instructed after 5 September, 2005, who are or who may be governed by Civil Procedure Rule (CPR) 35 and to those instructing experts. This article illustrates how the protocol provides a timely and important reminder of some of the fundamental principles of expert evidence in CPR 35 and Practice Direction (PD) 35, as highlighted in recent cases.
The protocol states that:
