Login Join Us

England and Wales

Online Procedure Rule Committee

The Online Procedure Rule Committee was set up under the Judicial Review and Courts Act 2022 to make rules governing the practice and procedure for specific types of online court and tribunal proceedings across the Civil, Family and Tribunal jurisdictions.

OPRC is an advisory non-departmental public body, sponsored by the Ministry of Justice.

 

Civil Law

Please note that these are in the process of being transferred onto the gov.uk website. Though they can still be accessed on the Judiciary website. Both links are provided below.

Civil Procedure Rules

Rules and Directions

Civil Procedure Rules (Part 35)

As we have been highlighting to members, important changes to the length of expert reports will be coming into force from the 1st October 2023 for cases being dealt with through the newly created intermediate track which will be used to handle most civil claims in England and Wales worth between £25,000 and £100,000.

We have raised our concerns to the Civil Procedure Rules Committee, particularly around the lack of clarity as to what must be counted within the 20 pages.

Whilst no specific changes to have been made to Part 35, there has been a revision to Rule 28.

Under 28.14 (3) it states that unless the court orders otherwise:

"(c)any expert report shall not exceed 20 pages—

(i)including the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and the reasons for those conclusions; but

(ii)excluding the expert’s curriculum vitae, any supporting materials to which the reasons for their conclusions refer and any necessary photographs, plans and academic articles attached to the report."

Therefore, from the 1st October 2023, experts will need to make sure that they comply with this rule if the case is being dealt with through the new intermediate track.

We are providing guidance for members here.

Guidance for the Instruction of Experts in Civil Claims

Civil Justice Reforms

Commercial Courts Guide 2022

Technology and Construction Court Guide 2022

 

Criminal Law 

Criminal Procedure Rules

Criminal Procedure Rules (Part 19)

Criminal Practice Directions

A guide to the criminal procedure rules 2020  and Criminal Practice Directions 2023

 

Family Law 

Family Procedure Rules (Part 25)

Part 25 - Experts and Assessors (applicable to applications issued by the court on or after 6 April 2022)     
Part 25 - Experts and Assessors (applicable to applications issued by the court before 6 April 2022)     
Practice Direction 25A - Experts and Assessors in Family Proceedings     
Practice Direction 25B - The Duties of an Expert, the Expert's Report and Arrangements for an Expert to Attend Court     
Practice Direction 25C - Children Proceedings - the Use of Single Joint Experts and the Process Leading to an Expert Being Instructed or Expert Evidence Being Put Before the Court     
Practice Direction 25D - Financial Remedy Proceedings and Other Family Proceedings (Except Children Proceedings) - the Use of Single Joint Experts and the Process Leading to Expert Evidence Being Put Before the Court     
Practice Direction 25E - Discussions Between Experts in Family Proceedings     
Practice Direction 25F - Assessors in Family Proceedings     
Practice Direction 25G – Toxicology test evidence

Civil news: new standards for experts in family cases involving children (from 10.10.14)

Family Justice Council Guidance for Experts

The President of the Family Division has published a Memorandum on Experts in the Family Court ( https://www.judiciary.uk/wp-content/uploads/2021/10/PFD-Memo-Experts.pdf ) which emphasises the basis of the instruction of experts in particular (but not limited to ) in the field of parental alienation and reiterates the need for compliance with the Annex to Family Procedure Rules Practice Direction 25B.

 

Court of Protection

Court of Protection Rules 2017 (Experts - Part 15)

Practice Directions (Expert Evidence - 15A)

 

Tribunal Documents 

Statutory Instrument - The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

Extract from the Statutory Instrument - section relating to expert evidence at tribunals

Judiciary.gov - Tribunals

Public and Commercial Services Union

The Law Donut - resources for your business

CIArb - Practice Guideline 10: Guidelines on the use of Tribunal-Appointed Experts, Legal Advisers and Assessors

Upper Tribunal (Lands Chamber) Rules in effect from 21 July 2020

Upper Tribunal (Lands Chamber) Practice Directions 2020
 

Legal Tests

Clinical Negligence - Differences between Hunter v Handley and Bolam 

 

Medical Information - Revalidation with the GMC 

FAQs

Help for doctors without a designated body

Licensed doctors with a designated body- your revalidation 

Responsible officers and employers