Rules
CPR Part 35 — Experts and Assessors
Part 35 of the Civil Procedure Rules governs expert evidence in civil claims. Its central principle is that an expert's overriding duty is to the court, not to the party paying them.
Key points
- Expert evidence is restricted to what is reasonably required to resolve the proceedings (r.35.1).
- It is the expert's duty to help the court on matters within their expertise — this overrides any obligation to the instructing party (r.35.3).
- No party may call an expert or put in an expert's report without the court's permission (r.35.4); the court controls the issues, and often the cost.
- Where possible the court may direct a single joint expert instructed by both sides (r.35.7–35.8).
- A party may put written questions to the other side's expert to clarify the report (r.35.6).
- The court may direct experts to discuss the issues and produce a joint statement of what they agree and disagree on, and why (r.35.12).
- An expert's report must comply with Practice Direction 35 and end with a statement of truth (r.35.10).
Official sources
General information to help experts and instructing parties understand the framework for expert evidence in England & Wales. It is not legal advice. Always work from the current official sources, which are linked on each page.