The 50th Update to the Civil Procedure Rules (SI 2009 No. 2092) which comes into force on 1 October 2009, introduces changes in a large number of areas. Of particular relevance to expert witnesses are the changes to Part 35, Practice Direction 35, and the Protocol for the Instruction of Experts to give Evidence in Civil Claims. These amendments, according to the Ministry of Justice internet site, have been made to “clarify the definition of an expert and provide guidance to reduce any inconsistency in the appointment of single joint experts; revise the expert’s statement of truth; and ensure that the questions posed to experts are proportionate and appropriate. Consequential amendments are made to the Annex, PD28 and PD29”

An expert’s report is now required to contain statements that the Expert:-

(i) understands their duty to the Court and have complied with and will continue to comply with that duty: and (ii) are aware of the requirements of Part 35 and Practice Direction 35, the Protocol for the Instructions of Experts to give Evidence in Civil Claims and the Practice Direction for Pre-action conduct.”

The EWI suggests the following wording be used by it’s members:-

“I understand that my overriding duty is to assist the Court in matters within my expertise, and that this duty overrides any obligation to those instructing me or their Clients. I confirm I have complied with that duty and will continue to do so, I am aware of the requirements set out in Part 35 of the Civil Procedure Rules and the accompanying Practice Direction, the Protocol for the Instructions of Experts to give Evidence in Civil Claims, and the Practice Direction for Pre-action conduct.”

The wording of the statement of truth has been amended to read:-

“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 professional opinions on the matters to which they refer.”

This wording is mandatory and may not be modified.


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