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PART 2General Powers and Provisions

Expert evidence

19.—(1) It is the duty of an expert to help the Tribunal on matters within the expert’s expertise and this duty overrides any obligation to the person from whom the expert has received instructions or by whom the expert is paid.

(2) No party may adduce expert evidence without the permission of the Tribunal.

(3) Expert evidence is to be given in a written report unless the Tribunal directs otherwise.

(4) Subject to paragraph (6), each party must provide a copy of the written report of any expert witness to the Tribunal and each other party at least 7 days before—

(a)the date of the hearing; or

(b)the date notified upon which the issue to which the expert evidence relates will be determined without a hearing.

(5) A written report of an expert must—

(a)contain a statement that the expert understands the duty in paragraph (1) and has complied with it;

(b)contain the words “I believe that the facts stated in this report are true and that the opinions expressed are correct”;

(c)be addressed to the Tribunal;

(d)include details of the expert’s qualifications and relevant experience;

(e)contain a summary of the instructions the expert has received for the making of the report; and

(f)be signed by the expert.

(6) The Tribunal may direct that—

(a)the expert’s evidence must be limited to such matters as the Tribunal directs;

(b)the expert must attend a hearing to give oral evidence; or

(c)the parties must jointly instruct the expert.