How Expert Witness Services Are Changing and Evolving

Insights for clinicians, legal professionals, and those stepping into expert witness work.

The role of the expert witness has long stood as a cornerstone of modern litigation, providing clarity, objectivity, and professional insight in complex legal cases. But while the underlying purpose of expert testimony remains constant, the landscape of expert witness work is rapidly evolving.

In this article, we explore how the sector is changing - from updates to Civil Procedure Rules (CPR), to growing professional scrutiny, to changing expectations of what it means to be an expert in today’s legal system.

Whether you're already acting as an expert, instructing them as a solicitor, or you're a clinician considering stepping into medico-legal work, these shifts are worth understanding.

CPR Updates: The Legal Framework Tightens

The Civil Procedure Rules (CPR) continue to shape the way expert evidence is handled in civil proceedings. The latest updates have placed increasing emphasis on:

1. Early Engagement with Experts

Judges now expect parties to identify and instruct experts earlier in proceedings to avoid unnecessary delays. This means tighter timelines, more proactive communication, and the need for experts to be ready to hit the ground running.

2. Emphasis on Joint Reports and Narrowing Issues

Rule 35.12 is being enforced more robustly: court-directed meetings between experts are now more than a formality. Experts are expected to discuss and narrow the issues in dispute and document their agreement or disagreement clearly in joint statements.

3. Sanctions for Non-Compliance

The courts are increasingly prepared to exclude evidence or refuse fees where experts stray from their duties, especially if they appear partisan, miss deadlines, or fail to comply with their overriding duty to the court (CPR 35.3).

Solicitors must now ensure the experts they instruct are well-versed in CPR compliance and experts themselves must treat their procedural responsibilities with the same seriousness as their clinical or technical opinions.

Shifting Expectations: What the Modern Expert Witness Needs to Be

Once seen as a “side gig” or retirement option, expert witness work is now viewed as a distinct, high-responsibility professional service. Today’s expectations are markedly different than they were even five years ago.

1. More Than Just Knowledge

Being a subject-matter expert isn’t enough. Solicitors and courts expect:

• Clear, jargon-free written reports

• Confidence under cross-examination

• Full transparency about scope of expertise and limitations

• Understanding of legal standards like Bolam, Montgomery, or Hunter v Hanley, depending on jurisdiction

  
  

2. Tech-Savvy and Procedurally Aware

From remote assessments to digital pagination tools, expert witnesses are increasingly expected to engage with secure technology and maintain GDPR-compliant data practices. The days of physical folders and snail-mail are rapidly disappearing.

3. Time-Sensitive and Professional

Delays in report delivery or vague availability for conferences are less tolerated. Instructions now often come with clear SLAs (service-level agreements), and solicitors are favouring experts who deliver consistent communication and predictable turnaround times.

A Word to Clinicians Considering Expert Work

If you’re a practicing clinician curious about expert witness work, this may feel like a daunting time to begin. But in truth, there’s never been a better time to enter the field, so long as you approach it professionally.

Modern expert witness practices often support new experts with:

• Training in medico-legal writing

• Templates that align with CPR and court expectations

• Mentoring and peer review

• Admin support for record access, GDPR compliance, and case management

Clinicians bring real-world insight that is invaluable to courts. What’s evolving is how that expertise must be translated into a robust, defensible, and procedural-compliant format.

The Future of Expert Witness Services

Looking ahead, we can expect to see:

• Greater demand for niche expertise (e.g., rare conditions, complex surgeries, digital health)

• More blended hearings with hybrid remote/in-person testimony

• Increased collaboration between instructing parties, encouraging single joint instructions to reduce litigation costs

• Ongoing development of AI tools for pagination, triage, and data summarisation - changing the way experts interact with records

But fundamentally, the human elements like clear reasoning, honesty about limitations, and a willingness to engage with legal process, will remain the gold standard.

Final Thoughts

The world of expert witness services is becoming more demanding, more regulated, and more respected. Those who rise to meet these evolving expectations - whether clinician, solicitor, or provider - will find a field that is not only rewarding but central to the pursuit of justice.

If you're already acting as an expert, now’s the time to revisit your practice, ensure compliance, and consider updating your training.

If you're new to the field, invest in quality onboarding, understand your legal duties, and bring your clinical insights into the courtroom with confidence.