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Information for Experts

*Information sourced from http://www.justice.gov.uk

Expert evidence

Form and content of expert's reports

Information

Instructions

Questions to experts

Single expert

Orders

Assessors

Duty to restrict expert evidence Rule 35.1

Interpretation Rule 35.2

Experts – overriding duty to the court Rule 35.3

Court’s power to restrict expert evidence Rule 35.4

General requirement for expert evidence to be given in a written report Rule 35.5

Written questions to experts Rule 35.6

Court’s power to direct that evidence is to be given by a single joint expert Rule 35.7

Instructions to a single joint expert Rule 35.8

Power of court to direct a party to provide information Rule 35.9

Contents of report Rule 35.10

(1) An expert’s report must comply with the requirements set out in the relevant practice direction.

(2) At the end of an expert’s report there must be a statement that –
    (a) the expert understands his duty to the court; and
    (b) he has complied with that duty.

(3) The expert’s report must state the substance of all material instructions, whether written or oral, on the basis of which the report was written.

(4) The instructions referred to in paragraph (3) shall not be privileged (GL) against disclosure but the court will not, in relation to those instructions –
    (a) order disclosure of any specific document; or
    (b) permit any questioning in court, other than by the party who instructed the expert,

unless it is satisfied that there are reasonable grounds to consider the statement of instructions given under paragraph (3) to be inaccurate or incomplete.

Use by one party of expert’s report disclosed by another Rule 35.11

Discussions between experts Rule 35.12

Consequence of failure to disclose expert’s report Rule 35.13

Expert’s right to ask court for directions Rule 35.14

Assessors Rule 35.15

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