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7 February 2011

Part 35 of the CPR was created to limit the use of oral expert evidence unless reasonably required. Matters requiring expert evidence should be dealt with by a single expert. Permission of the court is required to call an expert to give oral evidence at trial or to put an expert's report as part of the evidence. The practice direction to CPR 35 is a protocol that governs the instruction of experts for civil claims.

The expert's report must comply with the PD to CPR 35 in the folliwing way:

(1) give details of the expert's qualifications;

(2) give details of any literature or other material which the expert has relied on in making the report;

(3) contain a statement setting out the substance of all facts and instructions given to the expert which are material to the opinions expressed in the report or upon which those opinions are based;

(4) make clear which of the facts stated in the report are within the expert's own knowledge;

(5) say who carried out any examination, measurement, test or experiment which the expert has used for the report, give the qualifications of that person, and say whether or not the test or experiment has been carried out under the expert's supervision;

(6) where there is a range of opinion on the matters dealt with in the report:

(a) summarise the range of opinion, and

(b) give reasons for his own opinion;

(7) contain a summary of the conclusions reached;

(8) if the expert is not able to give his opinion without qualification, state the qualification; and

(9) contain a statement that the expert understands his duty to the court, and has complied and will continue to comply with that duty.

Riyaz Jariwalla is a solicitor who specialises in intellectual property law and civil litigation.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2011-02-10 14:12:46 in Legal Articles

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