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Appendix 1 - Part 35 of the Civil Procedure Rules 1998

Published online by Cambridge University Press:  01 July 2009

Déirdre Dwyer
Affiliation:
University of Oxford
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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

  1. It is the duty of an expert to help the court on the matters within his expertise.

  2. 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

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

  2. When a party applies for permission under this rule he must identify –

  1. (a) the field in which he wishes to rely on expert evidence; and

  2. (b) where practicable the expert in that field on whose evidence he wishes to rely.

  1. (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)

  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.

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Publisher: Cambridge University Press
Print publication year: 2008

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