Experts: letter of instruction (with drafting notes)

by Practical Law Dispute Resolution

This example letter of instruction (with integrated drafting notes) is designed to help solicitors draft effective instructions to experts and is suitable for a party-appointed expert who is going to act as an expert witness in England and Wales. (It would need to be adapted to instruct a single joint expert or an expert advisor.) The document provides guidance on complying with CPR 35 and the Civil Justice Council (CJC) Guidance for the instruction of experts in civil claims. Key considerations are addressed, including the distinction between the non-privileged letter of instruction and the separate retainer letter. It emphasises the expert's overriding duty to the court, clarifies the difference between an expert witness and an expert advisor, and covers issues including the expert's use of AI and concurrent evidence at trial ("hot-tubbing"). The terms of the retainer between the expert and the solicitor are set out in a separate Standard document, Experts: retainer letter (with drafting notes) to maintain, as far as possible, any privilege in the retainer letter and to avoid having to disclose it. The retainer letter and the letter of instruction can be combined if you prefer.