• PART 17 PART 17 — Experts And Assessors

    • 139. Interpretation

      (1) In the following Rules —
      (a) a reference to an "expert" is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings; and
      (b) "single joint expert" means an expert instructed to prepare a report for the Court on behalf of two or more of the parties (including the claimant) to the proceedings.

    • 140. Expert's overriding duty to the Court

      (1) It is the duty of experts to help the Court on matters within their expertise.
      (2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.

    • 141. Expert's report

      (1) Expert evidence is to be given in a written report unless the Court directs otherwise.
      (2) An expert's report must comply with the requirements set out in any relevant practice direction, must state at the end that the expert understands and has complied with his duty to the Court and must state the substance of all material instructions, whether written or oral, on the basis of which the report was written; and such instructions shall not be privileged against disclosure.
      (3) Where a party has disclosed an expert's report, any party may use that expert's report as evidence at the trial.
      (4) A party who fails to disclose an expert's report may not use the report at the trial or call the expert to give evidence orally unless the Court gives permission.

    • 142. Expert evidence

      (1) Expert evidence shall be restricted to that which is reasonably required to resolve the proceedings.
      (2) No party may call an expert or put in evidence an expert's report without the Court's permission.
      (3) The order granting permission should specify the particular issues which the expert evidence should address.
      (4) The Court may, on application of a party or on its own motion, appoint an expert.

    • 143. Written questions to experts

      (1) A party may put written questions about an expert's report (which must be proportionate) to an expert instructed by another party or a single joint expert.
      (2) An expert's answers to questions put in accordance with paragraph (1) shall be treated as part of the expert's report.
      (3) Where a party has put a written question to an expert instructed by another party and the expert does not answer that question, the Court may make one or both of the following orders in relation to the party who instructed the expert —
      (a) that the party may not rely on the evidence of that expert; or
      (b) that the party may not recover the fees and expenses of that expert from any other party.

    • 144. Court's power to direct that evidence is to be given by a single joint expert

      (1) Where two or more parties wish to submit expert evidence on a particular issue, the Court may direct that the evidence on that issue is to be given by a single joint expert.
      (2) Where the parties who wish to submit the evidence ("the relevant parties") cannot agree who should be the single joint expert, the Court may select the expert or direct that the expert be selected in such other manner as the Court may direct

    • 145. Instructions to a single joint expert

      (1) Where the Court gives a direction under Rule 144 for a single joint expert to be used, any relevant party may give instructions to the expert.
      (2) When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.
      (3) Unless the Court otherwise orders, the relevant parties are jointly and severally liable for the payment of the expert's fees and expenses.

    • 146. Power of Court to direct a party to provide information

      (1) Where a party has access to information which is not reasonably available to another party, the Court may direct the party who has access to the information to prepare and file a document recording the information and to serve a copy of the document on the other party.
      (2) The Court may direct the parties' experts to meet, and where possible, achieve agreement on any issue arising.

    • 147. Expert's right to ask Court for directions

      (1) Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.
      (2) They must, unless the Court orders otherwise, provide copies of the proposed requests for directions under paragraph (1) to the party instructing them, at least 7 days before they file the requests; and to all other parties, at least 4 days before they file them.
      (3) The Court, when it gives directions under this Rule, may also direct that a party be served with a copy of the directions.
      Amended on June 1, 2017

    • 148. Assessors

      (1) This Rule applies where the Court appoints one or more persons under section 108 of the Regulations as an assessor.
      (2) An assessor will assist the Court in dealing with a matter in which the assessor has skill and expertise.
      (3) An assessor will take such part in the proceedings as the Court may direct, and in particular the Court may direct an assessor to prepare a report for the Court on any matter at issue in the proceedings and attend the whole or any part of the trial to advise the Court on any such matter.
      (4) If an assessor prepares a report for the Court before the trial has begun the Court will send a copy to each party, and the parties may use it at the trial.
      Amended on June 1, 2017