ABSTRACT
In a civil court the expert witness is governed in his approach by the Civil Procedure Rules (CPR), most particularly part 35, issued by the Ministry of Justice. The CPR were brought about following the review of the procedures adopted in pursuing or defending a case through the civil courts by the Woolf Reforms brought into effect on 26 April 1999. These rules are a procedural code with the overriding objective of enabling the court to deal with cases justly. Dealing with a case justly includes, among many others, ensuring a consistent and objective approach by expert witnesses. Prior to the reforms carried out by Lord Woolf at the end of the 1990s, the rules governing the duties of an expert witness were by no means as clear, and much essential clarification existed within individual court judgments. The clearest summary of the guidance was set out by Cresswell J in the case of the Ikarian Reefer (1993). Valuers taking on their first instruction from the court would do well to consider the guidance from this case as an important additional measure by which to approach their role. Part 35 addresses the expert’s overriding duty, which is to the court, rather than to either party in the case, regardless of who has instructed him or may be paying his fees. Instructing parties are also governed by part 35 in the procedure they should adopt, and extends to stipulate what they
may or may not ask an expert to do and what to expect of an expert. Part 35 is essentially a template for experts and those instructing them in how that expert evidence may be sought and presented.
