'Overriding concern to ensure the independence and objectivity of expert evidence'

Experts should only be paid on a contingency or conditional fee basis in “exceptional cases” where the courts have authorised it, the Civil Justice Council has said in its new guidance on instructing experts.

The CJC said in the guidance, the first since 2005: “Payment of experts’ fees which are contingent upon the nature of the expert evidence given in legal proceedings or upon the outcome of the case is highly undesirable.

“There is an overriding concern to ensure the independence and objectivity of expert evidence. Any contingent arrangement risks seriously compromising this fundamental requirement, and thus undermining t...

Jean-Yves Gilg
Editor
Solicitors Journal

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