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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

(1) Where the court gives a direction under rule 35.7 for a single joint expert to be used, each instructing party may give instructions to the expert.

(2) When an instructing party gives instructions to the expert he must, at the same time, send a copy of the instructions to the other instructing parties.

(3) The court may give directions about –
    (a) the payment of the expert’s fees and expenses; and
    (b) any inspection, examination or experiments which the expert wishes to carry out.

(4) The court may, before an expert is instructed –
    (a) limit the amount that can be paid by way of fees and expenses to the expert; and
    (b) direct that the instructing parties pay that amount into court.

(5) Unless the court otherwise directs, the instructing parties are jointly and severally liable (GL) for the payment of the expert’s fees and expenses.

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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