Paragraph 10 Use of expert evidenceI1

The Tribunal must restrict expert evidence to that which it considers is reasonably required to resolve the proceedings.

An expert has a duty to assist the Tribunal on matters within the expert’s expertise. This duty overrides any obligation to the person from whom the expert has received instructions or by whom the expert is paid.

No party may call an expert or put in evidence an expert’s report without the permission of the Tribunal.

No expert report shall be put in evidence unless it has been disclosed to all other parties and any independent expert at least 28 days before the final hearing.

In proceedings in which an independent expert has been required to prepare a report on the question, the Tribunal must not admit evidence of another expert on the question unless such evidence is based on the facts relating to the question. Unless the Tribunal considers it inappropriate to do so, any such expert report must be disclosed to all parties and to the Tribunal on the same date on which the independent expert is required to send their report to the parties and to the Tribunal.

If an expert (other than an independent expert) does not comply with these Rules or an order made by the Tribunal, the Tribunal may order that the evidence of that expert must not be admitted.

Where two or more parties wish to submit expert evidence on a particular issue, the Tribunal may order that the evidence on that issue is to be given by one joint expert only. If the parties wishing to instruct the joint expert cannot agree an expert, the Tribunal may select an expert.