The Civil Justice Council (CJC) has recently published new guidance for the instruction of experts in civil claims. The CJC has confirmed that the guidance is intended to replace the Protocol on instructing experts, which is currently annexed to Practice Direction 35 (PD 35) to the Civil Procedure Rules (CPR). The Protocol is due to be removed from PD 35 in the Autumn. The new guidance will not be annexed to PD 35.
The guidance is intended to assist those involved in litigation, and particularly those instructing expert witnesses and those experts themselves, in understanding and demonstrating best practice when obtaining or providing expert evidence for use in court proceedings.