4. Is the court’s permission required to rely on expert evidence?
Under Order 38, rule 36 of the RHC or RDC, expert evidence cannot be adduced at trial unless the court gives permission, or all parties agree.
A party who wishes to rely on expert evidence must normally apply for leave and identify:
- the proposed expert by name;
- the expert’s field of expertise;
- the issues on which the expert evidence is required; and
- whether it would be appropriate to appoint a single joint expert.
The court will consider whether the proposed evidence is necessary for the fair disposal of the case and whether it is proportionate having regard to the costs and complexity of the proceedings.
The party who wishes to adduce expert evidence should seek leave as early as possible, typically using the Timetabling Questionnaire after the close of pleadings.
The court may dismiss a late application for expert directions based on delay alone, particularly if it disrupts the case management timetable or causes prejudice to the other side.
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