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71. Court procedure rules with respect to expert reports and oral expert evidence

(1) Notwithstanding any enactment or rule of law by virtue of which documents prepared for the purpose of pending or contemplated proceedings or in connection with the obtaining or giving of legal advice are in certain circumstances privileged from disclosure, provision may be made by court procedure rules —
(a) for enabling the Court in any proceedings to direct, with respect to any matters, or class of matters, which may be specified in the direction, that the parties (or some of them) shall each by such date as may be so specified (or such other later date as may be permitted or agreed in accordance with court procedure rules) disclose to the other party or parties in the form of one or more expert reports the expert evidence on matters (or matters of that class) which he proposes to adduce as part of his case at the trial; and
(b) for prohibiting a party who fails to comply with a direction given in any such proceedings under court procedure rules made by virtue of paragraph (a) from adducing in evidence, except with the leave of the Court, any statement (whether of fact or opinion) contained in any expert report whatsoever in so far as that statement deals with matters of any class specified in the direction.
(2) Provision may be made by court procedure rules as to the conditions subject to which oral expert evidence may be given in proceedings.
(3) Court procedure rules made in pursuance of subsection (2) may make provision for prohibiting a party who fails to comply with a direction given as mentioned in subsection (1)(b) from adducing, except with the leave of the Court, any oral expert evidence whatsoever with respect to matters of any class specified in the direction.
(4) Any court procedure rules made in pursuance of this section may make different provision for different classes of cases, expert reports dealing with matters of different classes, and for other different circumstances.
(5) References in this section to an expert report are references to a written report by a person dealing wholly or mainly with matters on which he is (or would, if living, be) qualified to give expert evidence.