The Civil Procedure (Amendment) Rules 2009

Amendments to the Civil Procedure Rules 1998

5.  In Part 35—

(a) in the table of contents, for “Interpretation” insert “Interpretation and definitions”;

(b) for rule 35.2 substitute—

“Interpretation and definitions

35.2.— (1) A reference to an ‘expert’ in this Part is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings.

(2) ‘Single joint expert’ means an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.”;

(c) for rule 35.3(1) substitute “It is the duty of experts to help the court on matters within their expertise”;

(d) in rule 35.3(2), for “he has received instructions or by whom he is paid” substitute “experts have received instructions or by whom they are paid.”;

(e) for rule 35.4(2) substitute—

“(2) When parties apply for permission they must identify—

(a) the field in which expert evidence is required; and

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

(f) in rule 35.4(3) omit “under this rule”;

(g) after rule 35.4(3) insert—

“(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 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.)”

(h) for rule 35.4(4) substitute—

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

(i) in rule 35.5(2), after “If a claim is on the” insert “small claims track or the”;

(j) in rule 35.6—

(i) for paragraph (1) substitute—

“(1) A party may put written questions about an expert’s report (which must be proportionate) to—

(a) an expert instructed by another party; or

(b) a single joint expert appointed under rule 35.7.”; and

(ii) in paragraph (4)(a) omit “in accordance with this rule”;

(k) for rule 35.7 substitute—

“Court’s power to direct that evidence is to be given by a single joint expert

35.7.— (1) Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.

(2) Where the parties who wish to submit the evidence (“the relevant parties”) cannot agree who should be the single joint expert, the court may—

(a) select the expert from a list prepared or identified by the relevant parties; or

(b) direct that the expert be selected in such other manner as the court may direct.”;

(l) in rule 35.8(1), for “each instructing” substitute “any relevant”;

(m) for rule 35.8(2) substitute—

“(2) When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.”;

(n) in rule 35.8(4)(b), for “the instructing” substitute “some or all of the relevant”;

(o) in rule 35.8(5), for “instructing” substitute “relevant”;

(p) in rule 35.9, for “available to the other party” substitute “available to another party”;

(q) in rule 35.10—

(i) in paragraph (1) for “the relevant practice direction” substitute “practice direction 35”;

(ii) for paragraph (2) substitute—

“(2) At the end of an expert’s report there must be a statement that the expert understands and has complied with their duty to the court.”;

(r) for rule 35.12(3) substitute—

“(3) The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which—

(a) they agree; and

(b) they disagree, with a summary of their reasons for disagreeing.”;

(s) in rule 35.14—

(i) for paragraph (1) substitute—

“(1) Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.”; and

(ii) for paragraph (2) substitute—

“(2) Experts must, unless the court orders otherwise, provide copies of the proposed requests for directions under paragraph (1)—

(a) to the party instructing them, at least 7 days before they file the requests; and

(b) to all other parties, at least 4 days before they file them.”; and

(t) for rule 35.15 substitute—

“Assessors

35.15.— (1) This rule applies where the court appoints one or more persons under section 70 of the Senior Courts Act 1981(1) or section 63 of the County Courts Act 1984(2) as an assessor.

(2) An assessor will assist the court in dealing with a matter in which the assessor has skill and experience.

(3) An assessor will take such part in the proceedings as the court may direct and in particular the court may direct an assessor to—

(a) prepare a report for the court on any matter at issue in the proceedings; and

(b) attend the whole or any part of the trial to advise the court on any such matter.

(4) If an assessor prepares a report for the court before the trial has begun—

(a) the court will send a copy to each of the parties; and

(b) the parties may use it at trial.

(5) The remuneration to be paid to an assessor is to be determined by the court and will form part of the costs of the proceedings.

(6) The court may order any party to deposit in the court office a specified sum in respect of an assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.

(7) Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament.”.

(1)

1981 c. 54.

(2)

1984 c. 28.