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Information for Experts
*Information sourced from http://www.justice.gov.uk
Expert evidence
Form and content of expert's reports
2.2 An expert's report must:
(1) give details of the expert's qualifications;
(2) give details of any literature or other material which the expert has relied on in making the report;
(3) contain a statement setting out the substance of all facts and instructions given to the expert which are material to the opinions expressed in the report or upon which those opinions are based;
(4) make clear which of the facts stated in the report are within the expert's own knowledge;
(5) say who carried out any examination, measurement, test or experiment which the expert has used for the report, give the qualifications of that person, and say whether or not the test or experiment has been carried out under the expert's supervision;
(6) where there is a range of opinion on the matters dealt with in the report –
(a) summarise the range of opinion, and
(b) give reasons for his own opinion;
(7) contain a summary of the conclusions reached;
(8) if the expert is not able to give his opinion without qualification, state the qualification; and
(9) contain a statement that the expert understands his duty to the court, and has complied and will continue to comply with that duty.
2.3 An expert's report must be verified by a statement of truth as well as containing the statements required in paragraph 2.2(8) and (9) above.
2.4 The form of the statement of truth is as follows:
I confirm that insofar as the facts stated in my report are within my own knowledge I have made clear which they are and I believe them to be true, and that the opinions I have expressed represent my true and complete professional opinion.
2.5 Attention is drawn to rule 32.14 which sets out the consequences of verifying a document containing a false statement without an honest belief in its truth.
(For information about statements of truth see Part 22 and the practice direction which supplements it.)
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
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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