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Part 35 Compliant Witness Reports

PART 35 COMPLIANT EXPERT WITNESS REPORTS

Independent expert evidence that meets court standards, supports clear decisions, and keeps your case moving with proportionate precision — delivered nationwide by qualified specialists. 

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Do you need a Part 35 Compliant Expert Witness Report?

You may need a Part 35 Compliant Expert Witness Report if a court, solicitor or insurer requires an independent professional opinion on a technical matter within our field of expertise. 

Failure to meet Part 35 standards can result in inadmissible evidence, delayed hearings, or increased legal costs — which is why early instruction keeps cases efficient and predictable. 

What is a Part 35 Compliant Expert Witness Report?

A Part 35 Compliant Report (also known as a CPR 35 Expert Witness Report) provides an independent opinion to assist the court in making decisions on technical issues outside its own expertise. 

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Lady Justice indicating the need for justice in a P35 Witness report
A gravel indicative of justice on a P35 service page

Who uses our expert witness services? 

Early expert involvement clarifies facts, reduces costs and prevents escalation. 

Clients include:

  • Solicitors and legal firms requiring independent evidence for court 
  • Insurers and loss adjusters evaluating cause, liability and remediation 
  • Developers and contractors involved in planning or damage disputes 
  • Local authorities managing compliance or enforcement cases 
  • Private clients and property owners seeking impartial clarity in complex matters 

Send a short description of your case or issue for a clear, fast recommendation. 

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What We Deliver

A structured, proportionate, legally defensible service. 

Service Purpose Outcome
Initial Instruction Review Confirm scope, relevance and compliance with Part 35. Transparent engagement and defined remit.
On-Site Inspection Collect photographic, observational and factual evidence. Independent factual baseline.
Technical Assessment & Analysis Interpret findings using accepted professional standards. Clear, balanced, evidence-led reasoning.
Part 35 Compliant Expert Report Present findings and professional opinion in court-ready format. Structured, impartial report suitable for submission.
Expert Testimony (if required) Provide oral or written evidence in proceedings. Defensible professional opinion under oath.

A structured, proportionate, legally defensible service. 

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How it Works

Our process is designed to remove friction and keep decisions moving. 

Instruction & Scoping

Provide a short summary of the dispute, location and relevant documents. We confirm the correct instruction type and quote.

Inspection & Evidence Gathering

A qualified expert carries out an on-site inspection (if required), capturing photographic and factual evidence.

Reporting & Declaration

We deliver a compliant, independent Part 35 report with full declaration, methodology and conclusions.

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Timing & Delivery

Each week gained here prevents procedural drift and strengthens evidential readiness. 

Inspection Availability

Year-round

Turnaround

Typically within 10 working days of inspection

Location

Nationwide coverage across England and Wales

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Compliance & professional standards

Each report carries a declaration of independence, ensuring it remains impartial, accurate and defensible in any forum. 

Reports are prepared strictly in line with: 

  • Civil Procedure Rules (CPR) Part 35 
  • RICS and Expert Witness Institute (EWI) guidance 
  • Environment Act 2021 and related environmental provisions 
  • NPPF Section 15 (environmental and land-use compliance) 
  • ProHort Quality Assurance and peer review protocols 

Failure to meet Part 35 requirements can result in: 

  • inadmissible or rejected evidence 
  • delayed hearings or adjournments 
  • increased legal costs or procedural disputes 
  • weakened credibility of evidence before the court 

Early alignment with Part 35 standards ensures the court receives clear, compliant evidence from the outset — no re-issue or second-round instruction required. 

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Our Approach

Each report is structured to meet the evidential standards of the Civil Procedure Rules (CPR) Part 35, the RICS and Expert Witness Institute (EWI) codes of practice, and relevant environmental legislation under the Environment Act 2021 and NPPF Section 15. 

What you receive 

  • Independent expert inspection and analysis 
  • Structured, impartial Part 35 report, prepared under CPR Part 35 and RICS / EWI codes of practice
  • Full declaration and methodology 
  • Coordination with legal teams and insurers (if required) 
  • Nationwide coverage and predictable turnaround
Moreover, reports are:
  • Written and signed by qualified experts  
  • Reviewed through Quality Assurance and peer review protocols 
  • Formatted for transparency, traceability and evidential clarity 

Evidence courts respect. 

Reasoning your legal team can rely on. 

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How this supports your project

As part of our nationwide Legal Reports suite, this service supports solicitors, insurers, developers and private clients with independent expert evidence for disputes, claims and compliance. 

Your project will be supported by:

  • Decades of combined experience in horticultural, ecological and environmental evidence 
  • Reports trusted by courts, insurers and planning authorities 
  • Independence, clarity and technical confidence 
  • Seamless communication from instruction to testimony 
  • Transparent process 

Each report includes: 

  • a clear statement of the expert’s qualifications and experience 
  • factual background, methodology, and evidence summary 
  • analysis and conclusions presented in plain, unbiased language 
  • a formal declaration of independence and duty to the court  

This ensures impartial, transparent and defensible reasoning that stands up in court and supports proportionate resolution. 

Case Insight

A dispute arose between neighbouring landowners over boundary damage attributed to vegetation growth. An independent Part 35 report clarified the likely cause and apportionment of responsibility. The matter was settled pre-hearing, avoiding litigation and unnecessary legal costs.
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Your Next Step

With a short description of your case or issue, we can give you a clear, fast recommendation. Don’t wait. Get legal clarity today.

Phone: 0800 494 7479

Email: [email protected]

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FAQ — Part 35 Compliant Expert Witness Reports

What is a Part 35 compliant report?

A Part 35 compliant report is an expert witness report prepared in accordance with the Civil Procedure Rules (CPR Part 35). It is designed to provide independent, professional evidence to assist the court in resolving disputes. The report must be impartial, evidence based, and clearly structured to meet legal standards. 

CPR Part 35 sets out the rules governing expert evidence in legal proceedings. Its purpose is to ensure that expert opinions are independent, reliable, and focused on helping the court reach a fair and informed decision, rather than supporting one party’s position.

To be compliant, a report must include a clear statement of independence, full disclosure of methodology, supporting evidence, and a formal statement of truth. The expert must confirm that their duty is to the court and that their opinion is unbiased.

A standard witness statement presents factual evidence from an individual involved in a case, whereas a Part 35 report provides an expert opinion based on technical knowledge and professional experience. The expert’s role is to interpret evidence, not simply describe events.

A CPR compliant witness statement follows the Civil Procedure Rules for presenting factual evidence in court. It must be clear, relevant, and based on direct knowledge. Unlike expert reports, it does not include opinion unless the individual is acting as an expert under Part 35.

An expert witness must have relevant qualifications, experience, and recognised expertise in their field. This could include ecologists, arboricultural consultants, invasive species specialists, or environmental professionals, depending on the nature of the dispute.

No. An expert witness must be demonstrably independent and suitably qualified. Personal relationships or bias can undermine the credibility of the report and may result in it being challenged or dismissed by the court.

A Single Joint Expert is appointed by all parties in a dispute to provide one independent report. This approach helps reduce conflicting evidence, lowers the risk of dispute escalation, and supports a more efficient legal process.

Part 35 reports commonly address disputes involving Japanese knotweed, bamboo encroachment, tree damage or subsidence, land contamination, and environmental impacts. They are used where technical clarity is required to establish liability, causation, or future risk.

What evidence is included in a Part 35 report?

Evidence may include site inspections, survey data, historical records, mapping, photographs, and previous reports. The expert will analyse this information to form a clear, reasoned, and defensible professional opinion.

For evidence to be admissible, it must be relevant, reliable, and presented in accordance with court rules. In the case of expert evidence, it must also meet the standards set out in CPR Part 35, including transparency and independence.

The expert’s role is to assist the court by providing objective, technical insight. This includes preparing a report, answering questions from legal representatives, and, if required, giving evidence under cross examination.

Yes. Expert witnesses may be cross examined in court to test their findings, methodology, and conclusions. This is why clarity, consistency, and full compliance with Part 35 are essential.

A compliant report typically includes instructions received, scope of work, methodology, evidence reviewed, analysis, conclusions, and a statement of truth. It must be clear, logical, and capable of being understood by non specialists such as judges or legal teams.

Independence ensures the report is credible and legally valid. The expert’s duty is to the court, not the client, meaning their conclusions must remain objective regardless of the outcome for the instructing party.

Yes. While primarily used in legal proceedings, Part 35 reports can also support disputes involving planning, enforcement, or land use where technical evidence is required. This may include matters linked to Local Planning Authorities via https://www.planningportal.co.uk/, particularly where environmental or site condition issues are contested.

An expert report should not include biased opinions, unsupported assumptions, or advocacy for a particular party. It must remain factual, evidence based, and professionally objective at all times.

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