You need our prior approval to employ an expert witness.  .

When assessing such applications we take into account the guidance set down by the Supreme Court in Kennedy V Cordia (Services) LLP [2016] USKC 6 at paragraphs 38 to 61.

This judgement is also applied in the Sheriffdom of Glasgow and Strathkelvin Practice Note number 1 of 2018 at paragraph 4.11.. We take what is written in this Practice Note about expert evidence in paragraphs 4.11 to 4.15 into consideration when assessing sanction applications for expert witnesses irrespective of court location

In every application you must tell us what issues are to be addressed by the particular expert.

Expert witnesses and witnesses as to fact

While you need our prior approval to employ expert witnesses, you should check whether certain witnesses should be regarded as “experts” or not.  To meet the description “witness”, the expert does not have to be called to give evidence.

Generally speaking, a witness may be deemed to be an expert where:

  • They are consulted to give an opinion on a matter arising in the court proceedings.
  • They have professional skills or qualifications which make such an opinion valuable.
  • They would not have been involved as a witness in the case had one of the parties not specifically asked them to give such an opinion.

You do not need our sanction for someone who is skilled or an expert in their field to be cited and give evidence that is factual. Any professional is only an expert witness if they are offering an expert opinion.

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