In this update on the 20-page limit for expert reports for cases on the Intermediate Track, we set out the position of the Civil Procedure Rule Committee on our concerns following further discussions, the Committee's intention to review the reforms after 12 months, and the EWI's advice to members. 

The Court of Appeal determined that an employee of the appellant was able to provide opinion evidence because he was "qualified to give expert evidence" for the purposes of section 3 of the Civil Evidence Act 1972. However, the trial judge needs to determine what weight (if any) to give to the opinions of someone who is not an independent expert instructed in accordance with the strictures and safeguards of CPR 35.

A late application to rely on a new expert witness does not engage CPR rule 3.9 and require an application for relief from sanctions.

Expert evidence must always be firmly tied to an issue which arises in the case.