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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

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

Discussions between experts Rule 35.12

(1) The court may, at any stage, direct a discussion between experts for the purpose of requiring the experts to –
    (a) identify and discuss the expert issues in the proceedings; and
    (b) where possible, reach an agreed opinion on those issues.

(2) The court may specify the issues which the experts must discuss.

(3) The court may direct that following a discussion between the experts they must prepare a statement for the court showing –
    (a) those issues on which they agree; and
    (b) those issues on which they disagree and a summary of their reasons for disagreeing.

(4) The content of the discussion between the experts shall not be referred to at the trial
unless the parties agree.

(5) Where experts reach agreement on an issue during their discussions, the agreement shall not bind the parties unless the parties expressly agree to be bound by the agreement.

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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