The Civil Procedure Rules 1998

Court’s power to restrict expert evidence E+W

35.4—(1) No party may call an expert or put in evidence an expert’s report without the court’s permission.

[F1 (2) When parties apply for permission they must [F2 provide an estimate of the costs of the proposed expert evidence and] identify—

(a) the field in which expert evidence is required [F3 and the issues which the expert evidence will address]; and

(b) where practicable, the name of the proposed expert.]

(3) If permission is granted F4 ... it shall be in relation only to the expert named or the field identified under paragraph (2). [F5 The order granting permission may specify the issues which the expert evidence should address.]

[F6 (3A) Where a claim has been allocated to the small claims track or the fast track, if permission is given for expert evidence, it will normally be given for evidence from only one expert on a particular issue.

(Paragraph 7 of [F7 Practice Direction] 35 sets out some of the circumstances the court will consider when deciding whether expert evidence should be given by a single joint expert.)]

[F8 (3B) In a soft tissue injury claim, permission—

(a) may normally only be given for one expert medical report;

(b) may not be given initially unless the medical report is a fixed cost medical report. Where the claimant seeks permission to obtain a further medical report, if the report is from a medical expert in any of the following disciplines—

(i) Consultant Orthopaedic Surgeon;

(ii) Consultant in Accident and Emergency Medicine;

(iii) General Practitioner registered with the General Medical Council; or

(iv) Physiotherapist registered with the Health and Care Professions Council,

the report must be a fixed cost medical report.

(3C) In this rule, ‘fixed cost medical report’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(10A) and (16A), respectively, of the RTA Protocol.]

[F9 (4) The court may limit the amount of a party’s expert’s fees and expenses that may be recovered from any other party.]

Textual Amendments

F1 Rule 35.4(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(e)

F2 Words in rule 35.4(2) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 13(a) (with rule 22)

F3 Words in rule 35.4(2)(a) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 13(b) (with rule 22)

F4 Words in rule 35.4(3) omitted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(f)

F5 Words in rule 35.4(3) inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 13(c) (with rule 22)

F6 Rule 35.4(3A) and words inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(g)

F7 Words in rule 35.4 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 18(a)

F8 Rule 35.4(3B)(3C) inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 5 (with rule 14)

F9 Rule 35.4(4) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 5(h)

Commencement Information

I1 Rule 35.4 in force at 26.4.1999, see Signature