Expert witnesses play a crucial role in many cases. From medical negligence claims to construction disputes, expert evidence helps courts understand complex technical issues.
For many solicitors, the process of instructing an expert witness is still manual, often involving multiple emails, attachments, and administrative coordination.
So how does the process actually work?
In this guide, we break down how solicitors instruct expert witnesses in England and Wales, the key legal requirements involved, and how the process is increasingly being modernised through digital platforms.
What Is an Expert Witness?
An expert witness is a professional with specialised knowledge who provides independent opinion evidence to assist the court.
Unlike factual witnesses, experts analyse evidence and provide an objective professional opinion within their field of expertise.
Common types of expert witnesses include:
Medical professionals
Psychologists and psychiatrists
Surveyors and construction specialists
Forensic accountants
Engineers
Digital forensics experts
Under CPR Part 35, an expert’s overriding duty is to the court, not the party instructing them.
Step 1: Identifying the Need for Expert Evidence
The first step in instructing an expert witness is determining whether expert evidence is required.
Expert evidence is typically needed when a case involves technical or specialised knowledge that a judge cannot reasonably assess without assistance.
Examples include:
Medical negligence cases requiring clinical opinions
Property disputes involving structural defects
Financial litigation requiring accounting analysis
Psychological injury claims
In most civil cases in England and Wales, the court must give permission for expert evidence to be used.
Step 2: Finding a Suitable Expert Witness
Once expert evidence is deemed necessary, the solicitor must identify a suitable expert with relevant expertise.
Traditionally, this has been done through:
personal professional networks
expert witness directories
recommendations from colleagues
specialist agencies
However, finding the right expert can sometimes be challenging, particularly when dealing with niche specialisms or tight court deadlines.
Solicitors must consider several factors when selecting an expert, including:
professional qualifications and experience
previous expert witness experience
availability and turnaround time
independence and credibility
Step 3: Conducting Conflict Checks
Before formally instructing an expert witness, a conflict check must be carried out.
This ensures the expert has no prior involvement in the case or relationships with the parties that could compromise their independence.
Maintaining independence is essential, as expert witnesses owe their primary duty to the court rather than the party instructing them.
Step 4: Sending the Letter of Instruction
Once an expert has agreed to act, the solicitor prepares a Letter of Instruction.
This document formally instructs the expert and outlines the scope of the work required.
A typical letter of instruction will include:
details of the parties involved
a summary of the case
the specific issues the expert is asked to address
relevant documents and evidence
deadlines for the report
confirmation of the expert’s duty to the court under CPR Part 35
This stage often involves sending large volumes of documentation, including medical records, witness statements, and pleadings.
Step 5: Providing Case Materials
The expert must then review all relevant materials in order to prepare their report.
These may include:
medical records
photographs
contracts or technical documentation
witness statements
court pleadings
In many cases, these materials are shared via email attachments or secure file transfers, which can create administrative complexity when documents are updated or expanded over time.
Step 6: Preparing the Expert Witness Report
After reviewing the evidence, the expert prepares their report.
The expert report must comply with the requirements set out in CPR Part 35 and Practice Direction 35.
The report must include:
the expert’s qualifications and expertise
the material considered
the expert’s analysis and reasoning
the conclusions reached
a statement confirming the expert understands their duty to the court
Expert reports must be independent and unbiased. The court relies on them to assist in understanding complex issues within the case.
Step 7: Ongoing Communication and Case Management
Once the report has been submitted, further steps may follow, including:
clarification questions from solicitors
joint expert discussions
supplemental reports
court appearances
Managing these stages can involve significant administrative coordination between solicitors, experts, and sometimes multiple parties.
The Challenges of the Traditional Instruction Process
Although the legal framework for expert evidence is well established, the operational process of instructing experts has changed little over time.
In many cases, the process still relies heavily on:
email threads
manual document sharing
fragmented communication
multiple administrative touchpoints
For busy teams managing several cases simultaneously, this can create delays, duplication, and unnecessary complexity.
The Rise of Digital Expert Witness Instruction Platforms
As legal teams increasingly adopt digital tools for case management, the process of instructing expert witnesses is also evolving.
New platforms are emerging that allow solicitors to:
identify suitable experts more quickly
send structured instructions
securely share case materials
manage communication and reporting in one place
By bringing the entire instruction workflow into a single system, these platforms aim to reduce administrative friction and improve transparency for both solicitors and experts.
Final Thoughts
Expert witnesses remain a critical part of the justice system, providing the specialised knowledge that courts need to resolve complex disputes.
While the legal principles governing expert evidence are well established under CPR Part 35, the practical process of instructing experts is still evolving.
As litigation becomes increasingly complex and time-sensitive, digital platforms that streamline expert instruction and case management are likely to play a growing role in modern legal practice.
Managing expert evidence across multiple cases can be time-consuming.
Witness Connect allows solicitors to identify suitable experts, send structured instructions, and manage expert evidence securely within a single platform.
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