The Faculty Jurisdiction Rules 2015

Expert reports

11.5.—(1) No party may call an expert or put in evidence an expert’s report without the court’s permission.

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

(3) Where the court gives permission to put in evidence an expert’s report, it must direct that any such report—

(a) contains a statement that the expert understands their duty is to the court, and has complied with that duty;

(b) is addressed to the court and not to the party from whom the expert has received instructions;

(c) gives details of the expert’s qualifications;

(d) gives details of any literature or other material which has been relied on in making the report;

(e) contains a statement setting out the substance of all facts and instructions which are material to the opinions expressed in the report or upon which those opinions are based;

(f) makes clear which of the facts stated in the report are within the expert’s own knowledge;

(g) says who carried out any examination, measurement, test or experiment which the expert has used for the report, give the qualifications of that person, and say whether or not the test or experiment has been carried out under the expert’s supervision;

(h) where there is a range of opinion on the matters dealt with in the report—

(i) summarises the range of opinions; and

(ii) gives reasons for the expert’s own opinion;

(i) contains a summary of the conclusions reached; and

(j) if the expert is not able to give an opinion without qualification, states the qualification.

(4) An expert’s report must be—

(a) verified by a statement of truth in the following form—

“I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not. Those that are within my own knowledge I confirm to be true. The opinions I have expressed represent my true and complete expert opinions on the matters to which they refer.”; and

(b) signed and dated by the expert.

(5) The court may give such other directions with regard to expert evidence as it thinks fit having regard to the overriding objective in rule 1.1.