Producing a compliant expert report
The rules, guidance and case law that govern expert evidence in civil claims in England & Wales — in plain English, each linking to the official source.
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.
Practice Direction 35 — form and content of a report
PD 35 sets out what an expert's report must contain and the declarations it must carry. Getting these right is what makes a report admissible and gives it weight.
Case law
The duties of an expert — The Ikarian Reefer
In National Justice Compania Naviera SA v Prudential Assurance Co Ltd (The Ikarian Reefer) [1993] 2 Lloyd's Rep 68, Cresswell J set out the classic statement of an expert's duties, since reflected in Part 35.
Expert liability — Jones v Kaney
Jones v Kaney [2011] UKSC 13 abolished the long-standing immunity of expert witnesses from being sued by the party who instructed them.
Admissibility of expert evidence — Kennedy v Cordia
Kennedy v Cordia (Services) LLP [2016] UKSC 6 set out four considerations governing the admissibility of skilled (expert) evidence.
Conflicts of interest and disclosure — Toth v Jarman; EXP v Barker
An expert must disclose anything that could undermine their independence. Toth v Jarman [2006] EWCA Civ 1028 and EXP v Barker [2017] EWCA Civ 63 show how seriously the courts take undisclosed connections.
The statement of truth and contempt of court
An expert's report ends with a statement of truth. A false report made without an honest belief in its truth can be contempt of court, as Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ 392 confirmed.
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.