Part 35 Compliant Expert Witness Report
What is it and why do you need one?
What is a Part 35 Compliant Expert Witness Report?
Have you been asked to find a Part 35 Compliant Expert Witness Report, but have no idea what one is?
A Part 35 Compliant Expert Witness Report is specifically required for cases that have gone to court. The P35 provides the opinion of an expert witness on an area of their expertise.
Why do I need a Part 35 Compliant Expert Witness Report?
Part 35 reports have been part of the Civil Procedure Rules since December 2014 and regulates the use of expert evidence in court. Expert witness reports must, therefore, meet strict criteria. This ensures that they are in line with the Part 35 rules and must all be in writing. If the court instructs the parties involved in a case to obtain an expert witness report, their report must always be up to date and impartial. (It is important to note that an expert has a duty to assist the court, as opposed to any party that has instructed them).
The report must also contain a statement from the expert confirming their understanding of their duty to the court and confirmation that the report produced complies with all guidelines.
What are my options when obtaining a Part 35 Compliant Expert Witness Report?
There are also multiple options for obtaining a Part 35 Expert Witness Report for a dispute, including both parties using the same expert to produce one report. The benefit of this is that the cost of instructing the expert witness can be split between the two parties. Alternatively, if the parties cannot agree on one expert between them, then a separate expert may be instructed for each party.
Following the completion of the report, further questions can be submitted to the expert. However, again, these questions need to meet certain criteria to be used as court evidence, ensuring that they are of a proportionate length, asked only once and sent within 28 days of the report being distributed. The questions can also only be written to clarify points from the original report, unless permitted by the court.
Are P35 Reports important?
A Part 35 Compliant Expert Witness Report can be the key to winning or defending your case in court.
ProHort provides a range of Part 35 Compliant Expert Witness Reports. For cases regarding Japanese knotweed, landscaping disputes, planning permission and arboriculture.
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To find out more about how ProHort can help you, get in touch with us by calling 01782 479 479 or email us at [email protected].