The Civil Procedure Rules (or “CPR”) set out how civil proceedings in England and Wales are run within the Court of Appeal, the High Court of Justice, and the County Court. Within those rules, Part 35 applies specifically to experts.
Duty, Independence, and Impartiality
A key aspect of an expert’s role is their duty to the court, as well as maintaining independence and impartiality.
Rule 35.3 states:
- “It is the duty of experts to help the court on matters within their expertise.”
- “This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.”
Practice Direction 35 provides additional guidance:
- (2.1) “Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation.”
- (2.2) “Experts should assist the court by providing objective, unbiased opinions on matters within their expertise, and should not assume the role of an advocate.”
Further guidance is available in the “Guidance for the Instruction of Experts in Civil Claims 2014”, published by the Civil Justice Council.
Court-Specific Guidance
Different courts also issue their own guides, which contain further details on how experts are to be used. These include:
- The King’s Bench Guide
- The Chancery Division Guide
- The Technology and Construction Court Guide
Criminal Proceedings
For criminal cases, the Criminal Procedure Rules apply.
- The rules for experts are set out in Part 19.
- Additional guidance is provided in the Criminal Practice Directions, Part 7.
Family (Matrimonial) Proceedings
For matrimonial and family matters, the Family Procedure Rules apply.
- The rules for experts are set out in Part 25.
- Further guidance is provided in the Family Practice Directions, Part 25.
