CPR 35

Question 1

What should expert evidence be confined to?

Answer 1

Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings.

Question 2

When will expert evidence be required?

Answer 2

“If it is a matter that is outside the ordinary experience of the trial judge”

Question 3

Define “single joint expert”.

Answer 3

‘Single joint expert’ means an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.

Question 4

What is the duty to of the expert?

Answer 4

It is the duty of experts to help the court on matters within their expertise.

Question 5

True or false:

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

Answer 5

True

Question 6

When a party applies to adduce expert evidence what should they do? FINE

Answer 6

Field of the expertise
Issues the expert will address
Name of the expert
Expense of the expert

Question 7

What is the rule on how an expert’s evidence will normally be received by the Court?

Answer 7

Expert evidence is to be given in a written report unless the court directs otherwise.

Question 8

What is the test for the attendance of experts on the small and fast tracks?

Answer 8

The court will not direct an expert to attend a hearing unless it is necessary to do so in the interests of justice.

Question 9

What may a party do if they wish to know more about an expert’s report?

Answer 9

Ask the expert a written question

Question 10

What are the rules about asking experts written questions about their report?

Answer 10

1. The questions must only be put once
2. The questions must be put within 28 days of the service of the expert’s evidence
3. The questions must be for the purpose only of clarification of the report,

Question 11

What can the Court do if lots of parties want to hire lots of experts?

Answer 11

Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.

Question 12

Where parties cannot agree on the identity of a single joint expert, what can the Court do?

Answer 12

Select the expert or direct that the expert be selected in such other manner as the court may direct.

Question 13

What must an experts report state about her instructions?

Answer 13

The expert’s report must state the substance of all material instructions, whether written or oral, on the basis of which the report was written.

Question 14

Are instructions to experts privileged?

Answer 14

No

Question 15

Will the Court generally order parties to disclose their instructions to experts?

Answer 15

No

Question 16

What is the rule on when the Court will order parties to disclose their instructions to experts?

Answer 16

The Court will not order parties to disclose their instructions to experts unless it is satisfied that there are reasonable grounds to consider the statement of instructions given by the expert to be inaccurate or incomplete.

Question 17

Where one party has disclosed an experts report, can other parties use it as evidence?

Answer 17

Yes

Question 18

If there are two experts evidence giving evidence about the same thing, what may the court do?

Answer 18

Direct for a discussion amongst the experts to take place and for the experts to prepare a statement stating on which areas the agree, disagree and why

Question 19

What is the consequence for a party who fails to disclose an expert’s report

Answer 19

A party who fails to disclose an expert’s report may not use the report at the trial or call the expert to give evidence orally unless the court gives permission.

Question 20

Name 7 things that must be included in an expert’s report

Answer 20

1. Qualifications of the expert
2. Details of literature relied on in making the report
3. A statement setting out the substance of the facts and instructions material to the opinions in the report
4. State who carried out an examination, measurement test or experiment and give qualifications of that person
5. Give reasons for the expert’s opinion
6. State any qualification for any opinion given
7. Contain a statement that the expert understands and has complied with their duty to the Court
8. A statement of truth

Question 21

Must an expert’s report be verified with a statement of truth?

Answer 21

Yes

Question 22

In what order may the Court direct that the experts should give their evidence to clarify issues.

Answer 22

Concurrently, so experts each give their opinion in turns on each issue.