Paragraph 11 Written questions to experts (including independent experts)I1

England, Wales and Scotland

(1)

When an expert has prepared a report, a party or any other expert involved in the proceedings may put written questions about the report to the expert who has prepared the report.

(2)

Unless the Tribunal agrees otherwise, written questions under paragraph (1)—

(a)

may be put once only,

(b)

must be put within 28 days of the date on which the parties were sent the report,

(c)

must be for the purpose only of clarifying the factual basis of the report, and

(d)

must be copied to all other parties and experts involved in the proceedings at the same time as they are sent to the expert who prepared the report.

(3)

An expert must answer written questions within 28 days of receipt and the answers must be treated as part of the expert’s report.

(4)

Where a party has put a written question to an expert instructed by another party and the expert does not answer that question within 28 days, the Tribunal may order that the party instructing that expert may not rely on the evidence of that expert.

(5)

In this rule, reference to an expert includes reference to an independent expert.

Annotations

Commencement

I1: Sch. 2 para. 11 in force at 6.1.2025 immediately after S.I. 2024/1156 comes into force, see rule 1(1)