Book contents
- Frontmatter
- Contents
- List of figures
- Preface
- Table of legislation
- Table of cases
- Introduction
- 1 General epistemological issues
- 2 Expert evidence as a special case for judicial assessment
- 3 Making sense of expert disagreement
- 4 Non-epistemological factors in determining the role of the expert
- 5 Assessing expert evidence in the English civil courts: the sixteenth to twentieth centuries
- 6 Assessing expert evidence in the English civil courts today
- 7 The effective management of bias
- Conclusion
- Appendix 1 Part 35 of the Civil Procedure Rules 1998
- Appendix 2 Tables of pre-1800 civil cases involving expert evidence
- Bibliography
- Index
Appendix 1 - Part 35 of the Civil Procedure Rules 1998
Published online by Cambridge University Press: 01 July 2009
- Frontmatter
- Contents
- List of figures
- Preface
- Table of legislation
- Table of cases
- Introduction
- 1 General epistemological issues
- 2 Expert evidence as a special case for judicial assessment
- 3 Making sense of expert disagreement
- 4 Non-epistemological factors in determining the role of the expert
- 5 Assessing expert evidence in the English civil courts: the sixteenth to twentieth centuries
- 6 Assessing expert evidence in the English civil courts today
- 7 The effective management of bias
- Conclusion
- Appendix 1 Part 35 of the Civil Procedure Rules 1998
- Appendix 2 Tables of pre-1800 civil cases involving expert evidence
- Bibliography
- Index
Summary
35.1 Duty to restrict expert evidence
Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings.
35.2 Interpretation
A reference to an ‘expert’ in this Part is a reference to an expert who has been instructed to give or prepare evidence for the purpose of court proceedings.
35.3 Experts – overriding duty to the court
It is the duty of an expert to help the court on the matters within his expertise.
This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.
35.4 Court's power to restrict expert evidence
No party may call an expert or put in evidence an expert's report without the court's permission.
When a party applies for permission under this rule he must identify –
(a) the field in which he wishes to rely on expert evidence; and
(b) where practicable the expert in that field on whose evidence he wishes to rely.
(3) If permission is granted under this rule it shall be in relation only to the expert named or the field identified under paragraph (2)
(4) The court may limit the amount of the expert's fees and expenses that the party who wishes to rely on the expert may recover from any other party.
- Type
- Chapter
- Information
- The Judicial Assessment of Expert Evidence , pp. 374 - 378Publisher: Cambridge University PressPrint publication year: 2008
- 1
- Cited by