There is a limit on the recoverable costs for expert reports in cases allocated to the small claims track in England and Wales where the amount sought is less than £10,000.
The Civil Procedure Rules (CPR) and Practice Direction 27A limit the recoverable costs for expert reports in small claims track cases to £750 per expert.
This limit applies regardless of the nature of the evidence and is designed to ensure proportionality in costs within low-value disputes.
Where a party incurs expert fees exceeding £750, the excess amount is generally not recoverable from the opposing party. However, the court retains discretion to allow or limit expert evidence and may, where appropriate, restrict or disallow the recovery of expert fees.
The use of expert evidence requires the court’s permission, and the party seeking to obtain or rely on evidence must demonstrate that the evidence is necessary and proportionate to the value and complexity of the claim.
Parties should carefully consider the necessity and proportionality of obtaining expert evidence to avoid incurring irrecoverable costs. Expert reports can be instrumental, especially in mechanical matters, though their involvement may not always be financially viable.
If the decision is made to instruct an expert, the instructions should be clear and informative. Lawgistics offers support in drafting instructions to ensure clarity and compliance with CPR Part 35, which governs the use of expert evidence in proceedings.
If you’ve had a similar issue or are unsure how to proceed with expert evidence, why not call our legal team at Lawgistics for guidance?
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