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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

(1) A party may put to –
    (a) an expert instructed by another party; or
    (b) a single joint expert appointed under rule 35.7,
written questions about his report.

(2) Written questions under paragraph (1) –
    (a) may be put once only;
    (b) must be put within 28 days of service of the expert’s report; and
    (c) must be for the purpose only of clarification of the report,
unless in any case –
        (i) the court gives permission; or
        (ii) the other party agrees.

(3) An expert’s answers to questions put in accordance with paragraph (1) shall be treated as part of the expert’s report.

(4) Where –
    (a) a party has put a written question to an expert instructed by another party in accordance     with this rule; and
    (b) the expert does not answer that question,
    the court may make one or both of the following orders in relation to the party who instructed     the expert –
        (i) that the party may not rely on the evidence of that expert; or
        (ii) that the party may not recover the fees and expenses of that expert from any other
        party.

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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