Understanding the Civil Procedure Rules for medical experts

The Civil Procedure Rules (CPR) are the procedural framework that governs all civil litigation in England, Wales, and some offshore jurisdictions. Part 35 of the CPR specifically addresses expert evidence and sets out the duties, powers, and limitations applicable to expert witnesses. Understanding Part 35 is not optional; it is essential to practising as an expert witness.

Key provisions of Part 35 include the requirement that expert evidence is restricted to that which is reasonably required to resolve the issues in dispute, that the expert must be impartial and must prioritise their overriding duty to the court above the interests of the party instructing them, and that experts should consult with each other to identify areas of agreement and disagreement. Additionally, Part 35 sets out strict requirements regarding the form and content of expert reports, including the requirement that the report contains a declaration confirming the expert's understanding of their duties.

Breaches of Part 35 can have serious consequences. A judge may reject expert evidence that does not comply with the rules, criticise the expert in their judgment, or in egregious cases, refer the matter to the professional regulator. Equally important is the expert's understanding of the distinction between facts and opinion, the need to acknowledge the limits of their expertise, and the obligation to update the court if their opinion changes after the report is filed.

Our comprehensive Online Courses and eBooks modules include detailed coverage of Part 35, with practical examples and guidance on how to structure your report in compliance with the rules. We also discuss the broader procedural context—the stages of civil litigation, the roles of the judge and barrister, and how expert evidence fits into the overall case strategy. Mastering CPR Part 35 is not simply about avoiding sanctions; it is about establishing yourself as a trustworthy and credible expert witness.