CPR Guidance

CPR updates

The CPR is constantly changing and being updated. The most recent update is number 50 which came into effect on 1st October 2009. Details of the changes which affect Experts can be found here.

The Protocol

On 22nd June 2005 the Master of the Rolls, Lord Philips of Worth Matravers announced a new protocol for Experts.

The Experts protocol is designed to give guidance to experts and those who instruct them when they work in the civil courts.  Drafted by Mr Justice Bean and His Honour Judge Nic Madge, the protocol replaces the existing codes of guidance for expert witnesses.  It has been agreed by the Academy of Experts, Expert Witness Institute, and other members of the Civil Justice Council’s Expert Committee.

Lord Phillips said: “I am delighted that the Civil Justice Council has consolidated the existing advice to experts into a single Experts Protocol.  I would like to express my thanks to Mr Justice Bean and His Honour Judge Nic Madge for their efforts on producing this succinct and clear document which I am sure will be of great help to experts in the future. 

It is also my pleasure to launch the Code of Practice and to thank the Academy of Experts and Expert Witness Institute for their efforts in working together to produce this document.  I hope other expert organisations will feel able to adopt this Code to help continue raising the standards of experts across the UK.”

Code of Guidance for Experts and those instructing them

Originally prepared in response to the Vice Chancellor's request, The Academy published the combined "Code of Guidance for Experts and those instructing them". It has been devised to put flesh on the bare bones of CPR and the associated Practice Directions. The Code has now been superceded by the Protocol.

The Code of Guidance was essentially practical guidance. It looked at all aspects of the use of experts both before and after proceedings are commenced.

These guidelines have now been in use since they were originally published in December 1999.

The Code is now being increasingly used and accepted by Experts, Solicitors and the courts. It has recently received judicial support for example in: 

• Smith v Stephens QBD 26 January 2001 when the court 'followed' The Academy Code in refusing to allow SJE's to have a conference with one side.

• MP v Mid Kent Healthcare NHS Trust CA 5 November 2001 when Lord Woolf describes The Academy's Code as 'a helpful protocol' which 'admirably summarises the position'. Lord Justice Simon Brown refers to '…the one document…which specifically addresses the point is the Code of Guidance…published by The Academy of Experts'. He, like Lord Woolf, quotes from the Code and continues 'The good sense of this is surely plain'.

Press Release issued 20/12/01

The following release was issued on December 20th 2001

PUBLICATION OF NEW CODE OF GUIDANCE FOR EXPERT WITNESSES
- ACADEMY OF EXPERTS RESPONSE

The Academy of Experts, the main representative body for expert witnesses in the UK, has today expressed concern that a new code of guidance, intended for use by its members and others, falls short of the kind of practical user-friendly guide required by expert witnesses and lawyers.

The code, produced by a working party led by the Expert Witness Institute Chair Sir Louis Blom Cooper QC, was commissioned by the former Vice-Chancellor Lord Scott, and is published today with the permission, but not the endorsement, of the Master of the Rolls Lord Phillips.

The document appears some two years after The Academy of Experts produced what is widely regarded as the definitive code of guidance for professionals working in this sphere, a guide which is in current use throughout the UK and which has been updated and improved since its introduction.

Commenting on behalf of The Academy of Experts, Chairman Roger Trett said:

"The Academy of Experts expressed to Sir Louis and his working party time and again that the model they were following in producing this new code was cumbersome, complex, and not the kind of practical, user-friendly guide required by experts and those who use them.

"Despite our 14 years experience of representing expert witnesses and working with lawyers here and around the world, our advice was largely ignored.

"Prompted by a clear demand for a guide from experts and those who use them, we regrettably found ourselves with no option but to develop a code which could be readily understood and used.

"Our guide, which complies with the Civil Procedure Rules, has - as acknowledged today by the Master of the Rolls - been in successful operation for some two years, has been cited positively in judgments, and has been praised by many eminent individuals, including Lord Woolf.

"The Master of the Rolls makes clear that he believes that both our code, and the one produced by Sir Louis' working party, are worthy of publication. While he offers no view on the relative merits of the respective codes, we feel confident that all active expert witnesses and lawyers - not only our members - will prefer the Academy's proven practical guide."
* ENDS *

Notes to Editors:

1. The Academy of Experts (The Academy) is the largest professional body for Expert Witnesses in the UK and around the world, with around 2,000 members across a wide range of professions and competencies. The Academy is owned by its members.

2. The Academy was founded in 1987 to promote better use of experts, to ensure that best practice in the use of experts is maintained and developed, and to facilitate the cost efficient resolution of disputes.

3. The Academy provides members with accreditation and training, and Users of Experts with a source of accredited Expert Witnesses. It also facilitates Mediation, and Mediation training.

4. Copies of the The Academy of Experts Code of Guidance are available for download from our web-site on www.academy-experts.org or on request from our office.

Media enquiries:

Eleanor Conroy on 020 7344 1561 or at eleanor.conroy@edelman.com
Stephen Doherty on 020 7344 1513 or at stephen.doherty@edelman.com
James Tait on 020 7344 1542 or at james.tait@edelman.com