RICS-qualified and EWI-affiliated SURVEYORS
CPR 35 Expert Witness Reports for Construction Disputes in England & Wales
With a track record of over 5,000 compliant reports, we support solicitors, claimants, and social landlords
About HDG SURVEYS
Our Expertise
At HDG Surveys, we specialise in providing RICS-qualified surveying services that cater to a variety of legal and property needs. Our expertise in CPR 35 Expert Witness Reports ensures that clients receive reliable and compliant documentation for their cases.
What is CPR 35
CPR Part 35 of the Civil Procedure Rules 1998 governs the use of expert evidence in civil proceedings in England and Wales, aiming to restrict expert evidence to what is reasonably required to resolve cases. It ensures evidence is independent, objective, and primarily assists the court, rather than the party instructing them.
What is a CPR Expert Witness
A CPR 35 expert witness provides independent, technical, or specialised opinion evidence to help the court resolve civil disputes. Their overriding duty is to the court, taking precedence over instructions from the party paying them. Expert evidence requires court permission, generally takes written form, and must be impartial, unbiased, and objective.
Key Requirements & Duties
- Overriding Duty: Experts must assist the court, remain objective, and avoid acting as an advocate for the instructing party.
- Independence: Evidence must be the product of the expert's independent judgment, uninfluenced by litigation pressures.
- Expert Report: Must comply with Practice Direction 35, include a statement of truth, detail instructions, and disclose any material facts that might alter their opinion.
- Scope: Must confine evidence to their specific area of expertise and state if a matter falls outside it.
Procedural Aspects
- Permission: No party can call an expert or submit a report without the court's permission.
- Single Joint Expert (SJE): The court often directs that one expert acts for all parties to minimize costs and ensure objectivity.
- Questions in Writing: Parties may send written questions to an expert for clarification once only, usually within 28 days of receiving the report.
- Discussion & Meetings: Experts may be required to meet (often without lawyers) to identify agreed and disagreed issues.
Consequences of Non-Compliance
Failure to follow CPR 35 and the associated Practice Direction can lead to the expert's report or testimony being excluded entirely, potentially harming the client’s case.