Professional Negligence Pre-Action Protocols
Step Seven - Experts
In professional negligence disputes, separate expert opinions may be needed on:
- Breach of duty
- Causation and/or
- The quantification of the claimant's claim.
It is recognised that in professional negligence disputes the parties and their advisers will require flexibility in their approach to expert evidence. The parties should co-operate when making decisions on appropriate expert specialisms, whether experts might be instructed jointly and whether any reports obtained pre-action, might be shared and should at all times have regard to the duty in CPR 35.1 to restrict expert evidence to that which is reasonably required to resolve the dispute.
When considering what expert evidence may be required during the protocol period, parties should be aware that any expert reports obtained pre-action will only be permitted in proceedings with the express permission of the court.
See here for Step Eight - Alternative Dispute Resolution