Rule 35.10 Contents of reportI1

England and Wales

(1)

An expert’s report must comply with the requirements set out in F1F2Practice Direction 35.

F3(2)

At the end of an expert’s report there must be a statement that the expert understands and has complied with their duty to the court.

(3)

The expert’s report must state the substance of all material instructions, whether written or oral, on the basis of which the report was written.

(4)

The instructions referred to in paragraph (3) shall not be privileged^(GL) against disclosure but the court will not, in relation to those instructions—

(a)

order disclosure of any specific document; or

(b)

permit any questioning in court, other than by the party who instructed the expert,

unless it is satisfied that there are reasonable grounds to consider the statement of instructions given under paragraph (3) to be inaccurate or incomplete.

Annotations

Textual amendments

F1: Words in rule 35.10(1) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(q)(i)
F2: Words in rule 35.10(1) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 18(b)
F3: Rule 35.10(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(q)(ii)

Commencement

I1: Rule 35.10 in force at 26.4.1999, see Signature

Notes on Part 35

Textual amendments

F1: Words in Pt. 35 Table of Contents substituted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(a)