Jon Kiddie

“I am prompted to write this article by more general concern for the issue of certification of expert witnesses upon it arising recently in my own practice, and as affected by the Act of Sederunt (Taxation of Judicial Expenses Rules) 2019. In short, the 2019 Rules impose a default requirement for advance judicial certification. This arose in a piece of litigation in which I was instructed earlier this year, yet which had been raised back in 2020. Fairly swiftly after my appointment, it settled in favour of those for whom I was acting in terms of sum sued for and judicial expenses in principle. Yet, at that stage it became apparent that certification had never been sought nor granted for various experts, and where their fees would come to several tens of thousands of pounds.”

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