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Acting as an Expert Witness in Foreign Jurisdictions

Purpose: To draw Counsel's attention to obligations when acting as expert witnesses in foreign jurisdictions.
Scope of application: Counsel instructed to give expert evidence before a court or tribunal in a foreign jurisdiction.
Issued by: Ethics Committee and International Committee
First reviewed: 01/02/2017
Last reviewed: 11/06/2021
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

The role of Counsel instructed as an expert witness – application of the Code of Conduct – key obligations – relevance of law and codes of the jurisdiction where evidence sought or given – form and content of expert reports – useful links.

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Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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