Experts and privilege
This note considers issues including the circumstances in which the instructions given to an expert, documents sent with the instructions to the expert, the report of a substituted expert and an expert's draft report might have to be disclosed. It considers a number of disclosure and privilege issues relevant to the production of experts' reports and changing experts in civil proceedings in England and Wales. It examines the circumstances in which instructions given to an expert, associated documents, draft reports, and reports from substituted experts might be susceptible to disclosure under CPR 35. It also covers the court's approach to "expert shopping" and its power to impose conditional disclosure of an earlier expert's report when a party seeks to rely on a new one. The note explores the distinction between an expert witness instructed for proceedings and an expert advisor, and offers practical guidance on reducing the risk of unintended disclosure.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
Why Practical Law?
Gain a built-in attorney network
Practical Law’s resources are written and maintained by over 650 dedicated, full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies, so they understand the challenges you face. They dedicate themselves to creating resources to help you navigate the new legal realities, legislative changes, and practice areas impacting your clients or organisation.
See how to leverage the expertise of Practical Law’s attorney-editors to help you practice more efficiently.
Learn more about Practical Law
Expert guidance
650+ full-time, experienced attorney-editors keep you up to date globally
Total resources
118,000+ total resources across 17 practice areas ensure comprehensive coverage
Timely updates
150,000+ hours spent in 2025 maintaining and updating resources