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 stateme... more