Rule 19.2 Expert’s duty to the courtI1
England and Wales
An expert must help the court to achieve the overriding objective—
by giving opinion which is—
objective and unbiased, and
within the expert’s area or areas of expertise; and
by actively assisting the court in fulfilling its duty of case management under rule 3.2, in particular by—
complying with directions made by the court, and
at once informing the court of any significant failure (by the expert or another) to take any step required by such a direction.
This duty overrides any obligation to the person from whom the expert receives instructions or by whom the expert is paid.
This duty includes obligations—
to define the expert’s area or areas of expertise—
in the expert’s report, and
when giving evidence in person;
when giving evidence in person, to draw the court’s attention to any question to which the answer would be outside the expert’s area or areas of expertise;
to inform all parties and the court if the expert’s opinion changes from that contained in a report served as evidence or given in a statement; and
to disclose to the party for whom the expert’s evidence is commissioned anything—
of which the expert is aware, and
of which that party, if aware of it, would be required to give notice under rule 19.3(3)(c).
[Note. The Practice Direction lists examples of matters that should be disclosed under this rule and rule 19.3(3)(c).]