Changing an expert witness

Copyright © 2025 LexisNexis
Published by a LexisNexis Dispute Resolution expert
Practice notes

Changing an expert witness

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note addresses the possibility of a party applying to change the identity of its Part 35 expert witness during the course of a claim. It describes the reasons why this may be required, the likely objection from an opponent that the party is engaging in ‘expert shopping’ and how the court will investigate if that is the real reason for the desired change. The question of permission being given on condition of the disclosure of materials prepared by the first expert witness is considered.

The court’s approach to a proposal to change an expert

It is in the court’s discretion whether or not to allow a party to put forward expert opinion evidence at trial. Whether to allow a party’s expert witness to be changed in the course of a case is a case management decision also involving the exercise of a discretion. Like all such matters, the court must consider all the relevant factors and the application of the overriding objective in CPR 1. It must therefore consider such applications justly from all parties’ perspectives.

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