ABSTRACT

Individual experts Part 35 of the CPR further provides that where a single joint expert is not used, the court will direct the parties to exchange expert reports at the same time on a specified date. If a party fails to disclose an expert’s report in accordance with the court’s direction, the party will not be able to rely on the report or to call the expert at the trial without the court’s permission. A party is entitled to put written questions about the report to the expert within 28 days of its service. The purpose of these questions would be to clarify any issues and the expert’s answers would be treated as part of the report. If the expert fails to provide answers to the questions asked, then the court may direct that the party who instructed the expert cannot rely on his evidence.