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:
"any expert report shall not exceed 20 pages, excluding any necessary photographs, plans and academic or technical 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
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