The definitive guidance can be found in CPR 35 and the Practice Direction.
At the end of an expert’s report there must be a statement that the expert understands and has complied with his or her duty to the court. This is expanded in the Practice Direction accompanying CPR 35.
Suggested wording:
I understand that my overriding duty is to the court and I have complied with that duty and will continue to comply with it.
I am aware of the requirements of Part 35 and Practice Direction 35 and the CJC Protocol for the Instruction of Experts to give Evidence in Civil Claims.
In addition, experts’ reports must be verified by a statement of truth (PD 35, para. 3.3). The wording is mandatory and must not be modified (PD 35 annex, para. 13.5). The new version says:
‘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.’ |