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.
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.
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