Arnot Manderson

This Practice Note provides a detailed analysis of the core principles and general considerations involved in the use of expert evidence in Scottish civil litigation. It considers what expert evidence involves, the function of an expert witness and the types of claims where expert evidence is regularly used. It also explains the duties and responsibilities of an expert witness, the admissibility of expert evidence and how to instruct an expert witness.

This Practice Note considers the rules and procedure that relate to leading expert evidence. It will consider any pre-action requirements in relation to expert evidence, the application of legal privilege and the disclosure of expert reports. It will also cover the practicalities involved in the joint meeting of experts, how to prepare an expert for proof and concurrent evidence (or ‘hot tubbing’).