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.
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