Expert evidence

CPR Part 35 and the Expert’s Duty to the Court

Every report we produce is written to the expert’s duty under CPR Part 35. This page explains what that means for the evidence you receive.

  • Swift quotation
  • CVs before you instruct
  • The appropriate expert allocated immediately
RuleCPR Part 35 (civil proceedings)
Overriding dutyTo the court, above the instructing party
IndependenceIndependent whichever side instructs
EquivalentsFPR Part 25 (family), CrimPR Part 19 (criminal)

The overriding duty

An overriding duty to the court

Under CPR Part 35, an expert’s overriding duty is to help the court on matters within their expertise, a duty that overrides any obligation to the party instructing or paying them.

In practice

What that means in practice

The opinion is independent whichever side instructs; the expert states the facts and assumptions relied on, the range of opinion where there is one, and any matters that qualify the view.

The report

What a compliant report contains

The expert’s qualifications, the substance of instructions, the facts and literature relied on, the reasoning, and the statement of truth and declaration required by the rules.

Family and criminal

Family and criminal work

Equivalent duties apply under the Family Procedure Rules (Part 25) and the Criminal Procedure Rules (Part 19).

FAQ

The expert’s duty: common questions

The expert is instructed by one side but owes an independent duty to the court under Part 35.

To help the court on matters within their expertise, a duty that overrides any obligation to the party instructing or paying them.

Yes. The expert states the facts and assumptions relied on, the range of opinion where there is one, and any matters that qualify the view.

The expert’s qualifications, the substance of instructions, the facts and literature relied on, the reasoning, and the statement of truth and declaration required by the rules.

The principle is the same; the specific rules are FPR Part 25 and CrimPR Part 19.

Expert evidence

Find an expert now

Send your case details, the appropriate expert allocated without delay, with a same-working-day quotation and the CV before instruction.